The High Court of Orissa dismissed the writ appeal challenging the rejection of a request to raise the maximum age limit for engagement of Sikhya Sahayaks from 32 to 42 years. The Court held that the matter was non-justiciable as it involved executive policy.
The writ appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.482 of 2017
…. Prasanta Kumar Nayak and others Appellants
M/s. Dr. K. Tripathy and associates, Advocates
-versus-
…. State of Odisha and others Respondents None
CORAM: THE CHIEF JUSTICE JUSTICE M.S. RAMAN
ORDER
Order No.
13.12.2022
Learned Single Judge has in the impugned judgment dealt with a batch of writ petitions, including that filed by the present Appellants seeking a direction to the State to relax the maximum age for engagement a Sikhya Sahayak. Although the maximum age was restricted by the Government to 32 years, the direction sought was to fix the upper age limit as 42 years. This clearly was a policy matter in which the Court could not have interfered and accordingly, the prayer was rightly rejected by the learned Single Judge. No case is made out for interference, the writ appeal is dismissed.
(Dr. S. Muralidhar) Chief Justice (M.S. Raman) Judge
M. Panda
2 issues framed by the court
Whether the High Court can interfere with the Government's policy decision regarding the maximum age limit for engagement of a Sikhya Sahayak.
Whether the prayer for relaxation of maximum age for engagement from 32 years to 42 years is maintainable.
Prasanta Kumar Nayak and others
State of Odisha and others
M.S. RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
