PRATAP KUMAR BHUYAN Vs. PRATAP KUMAR BHUYAN

JUDGEMENT

(1.) Recruitment to the Odisha Judicial Service (OJS) happens pursuant to the Odisha Superior Judicial Service and Odisha Judicial Service Rules, 2007 (OSJS and OJS Rules). The upper age criterion is fixed under Rule 18 of the said Rules.

(2.) The contention of the learned counsel for the Petitioner that the General Administration Department's Notification dtd. 11/1/2022 enhancing the upper age limit for recruitment to civil post in the State Government should ipso facto apply to the OJS as well is not tenable, for the simple reason that the Rules applicable to recruitment to civil post in the State Government do not ipso facto become applicable to the OJS. In particular, Rule 47 of the OSJS and OJS Rules, which talks of relaxation, requires the Government, in consultation with the High Court, to consider it expedient to do so. In the present case, it has not been found expedient for such relaxation to be extended. It may also be noted that under Rule 41 of the OSJS and OJS Rules while certain provisions of the Odisha Civil Services (Classification, Control and Appeal) Rules, 1962 and the provisions of the Odisha Service Code have been made applicable, the Odisha Civil Service (Fixation of Upper Age Limit) Rules, 2022 and the amendments thereto have not been made applicable to the OJS and OSJS.

(3.) The Court therefore finds no reason to interfere with the order dtd. 28/2/2022 passed by the Law Department whereby the Petitioner's representation for enhancement of the upper age limit for OJS has been rejected.