GOUTAM KUMAR DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed this writ petition with the following prayer:-

(2.) The facts of the case are that an advertisement was published on 22/8/2023 by the Odisha Power Transmission Corporation Limited (OPTCL) for recruitment to certain posts including 15 posts of Junior Management Trainees (Finance). Apart from the educational qualifications required to be possessed by the candidates, it was stipulated that the candidates must be aged between 21 and 32 years as on 1/8/2022 with further relaxation for reserved category candidates.

(3.) According to the petitioner said advertisement is in violation of the Orissa Civil Service (Fixation of Upper Age Limit) Amendment Rules, 1989 inasmuch as the upper age limit ought to have been 38 instead of 32 years. It is further stated that the petitioner is otherwise qualified to apply for the post being a graduate with Inter-CA (pass)/ Inter ICMAI (pass), M.Com with 60% marks as per the amended rules. The upper age limit for advertisement issued in the years 2021, 2022 and 2023 is to be 38 years. OPTCL, being a State Government undertaking is bound to adhere to the said rules. It has been further stated that the last such advertisement published for recruitment for the post of Junior Management Trainees (Finance) was in the year 2017 and therefore, many otherwise qualified and eligible candidates like the petitioner are deprived of an opportunity to participate in the recruitment process, which is a clear violation of Article 16 of the Constitution. Even otherwise, OPTCL in its Recruitment Policy has provided that the maximum age limit can be relaxed as per the rules of the Government of Odisha and therefore, the enabling provision to enhance the upper age limit which ought to have been invoked. It is also stated that several other public sector undertakings, namely, Odisha Mining Corporation (OMC) and Odisha Hydro Power Corporation Limited etc. have published advertisements for identical/similar posts providing the upper age limit as 38 years.