Petitioners challenged eligibility criteria and age limits for Homeopathic Medical Officer recruitment. Matter dismissed for nonprosecution after petitioner's absence.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OAC) No.1107 of 2016
Dr. Santosh Kumar Jena & …. Petitioners another
None
-versus-
…. State of Odisha & others. Opposite Parties Mr. Pusparaj Bharadwaj, Addl. Standing Counsel (for Opposite Party Nos.1&2) Mr. Abinash Swain, Proxy counsel on behalf of Mr. Sasibhusan Jena, Advocate (for Opposite Party No.3)
CORAM: JUSTICE M.S. RAMAN
Order No.
ORDER 03.02.2023
“ (i) To quash the advertisement No.23 of 2015-16 dated 18.02.2016 under Annexure-4 made by the Respondent No.3 for recruitment to the post of Homeopathy Medical Officer, so far as it relates to the fixation of the upper age limit and reservation made for the S.C., ST and SEBC category. (ii) And further be pleased to direct the Respondents to confine the reservation to the limit fixed by the Hon’ble Apex Court, i.e., not more than 50% of the total number posts advertised.”
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“ 3. That, it is pertinent to mention here that on the basis of requisition and draft advertisement received from the Government in Health & Family Welfare Department, the Commission had issued Advertisement No.23 of 2015-16 for recruitment to 263 posts of Homoeopathic Medical Officer, Class-II (Group-B) of State Service. Since in paragraph 13(b) of the requisition, the age limit has been mentioned as 21 years to 32 years and reference date for calculation of age is as on 1st January 2016, the Commission as per provision of the recruitment rules and as per the condition of the requisition cited supra have mentioned the age limit in paragraph-3 of the advertisement No.23 of 2015/16 that a candidate must not be under the age of 21 (twenty one) years and must not be above the age of 32 (thirty two) years as on 1st day of January, 2016.”
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Court is not inclined to grant any further indulgence in the matter.
(M.S. Raman)
Judge MRS
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Dr. Santosh Kumar Jena
State of Odisha
M.S. Raman
As recorded by the court registry
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