O.P.S.C. v. State
Case brief
What is this about?
The Court disposed of a writ petition challenging an Orissa Administrative Tribunal order concerning age limit relaxation in a 2005-06 Assistant Engineer recruitment. The Court held the petition academic due to the elapsed time and liberty granted to revive if cause of action survives.
What did the court decide?
Writ petition disposed; petitioner at liberty to file application for revival within thirty days if cause of action survives.
What the court decided
W.P.(C) No.12175 of 2006
07. 18.04.2019
Heard.
- By way of this writ petition, the petitioner has challenged the order dated 30.06.2006 at Annexure-1 passed by learned Orissa Administrative Tribunal, Principal Bench, Bhubaneswar (hereinafter referred to as “the Tribunal”) in Original Application No.820 of 2006.
- It appears that opposite party no.4 herein, being applicant along with some other applicants, filed the Original Applications seeking a direction to the authority concerned to make relaxation of upper age limit of three years in respect of them and allow them to participate in the recruitment process for the post of Assistant Engineer (Civil) pursuant to the Advertisement No.5 of 2005-06 published by the petitioner. The Tribunal after considering the matter, passed the impugned order, paragraphs-12 & 13 of which are reproduced hereunder for ready reference:
“12. A point was raised by the learned counsel for the applicants that the standard of parity between the current examination and the supplementary examination will have to be maintained. We would like to clarify that we have the fullest trust in the wisdom of OPSC in ensuring that these two examinations are held in the same manner.
- We also clarify that the applications to be invited for the supplementary examination would be completely separate inasmuch as fresh applications will have to be made and those would be dealt with without reference to the manner or mode of treatment of applications made by the applicants earlier at any point of time.”
Issues for consideration
1 issue framed by the court
Whether the writ petition regarding relaxation of age limit in recruitment can be implemented after more than twelve years have elapsed?
Parties & counsel
- respondent
OPSC
Coram
K.R. Mohapatra
Case details
As recorded by the court registry
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