NAGEN BHOI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The above noted writ applications along with a batch of similar writ applications have been filed by the Petitioners named therein challenging Clause-4.a of the impugned advertisement dtd. 30/12/2022 issued by the Opposite Party No.4 and for a further direction to suitably modify the said Clause-4.a of the impugned advertisement dtd. 30/12/2022. The Petitioners have also prayed for a direction to the Opposite Parties to fix/relax the upper age limit, i.e., from 23 to 32 for UR (Five years relaxation in respect of SC/ST/SEBC/Women candidates) in terms of the Orissa Civil Service (Fixation of Upper Age-Limit) Rules, 1989 as amended by Notification No.771 dtd. 11/0/2022, i.e., the Orissa Civil Service (Fixation of Upper Age-Limit) Amendment Rules, 2022 and further for a direction to the Opposite Party No.4 to allow the Petitioners to participate in the open competitive examination for recruitment to the post of Constables (Civil) pursuant to the advertisement dtd. 30/12/2022.

(2.) On perusal of the most of the writ applications, it appears that the prayers made in each one of the writ application are almost identical. Moreover, the factual matrix involved in all the aforesaid writ applications are also similar. Since the State Government has already filed a counter affidavit in W.P.(C) No.341 of 2023, the facts of the said writ application is being taken up for analysis. However, all the above noted writ applications were taken up together for hearing and with the consent of the learned counsels appearing in the above noted writ applications, all the above writ applications are being disposed of by the following common order. However, for the sake of brevity and convenience, the factual background of the writ application bearing W.P.(C) No.341 of 2023 is being discussed hereinbelow.

(3.) The factual background of the above noted writ applications which are almost identical, in brief, is that the Petitioners, who are all qualified unemployed youth, came across an advertisement dtd. 30/12/2022 issued by the Chairman, State Selection Board, Odisha Police, Cuttack (in short "SSB") for recruitment of Constables (Civil) in different districts and establishments in Odisha Police. On careful scrutiny of the said advertisement dtd. 30/12/2022 under Annexure-3 to the writ application, it appears that in total 4790 Constable (Civil) in 35 Districts/Establishments are sought to be filled up through a recruitment process to be conducted by the SSB. The said advertisement also contains a detail district/institutionwise breakup as well as categoriwise breakup of number of posts intended to be filled up through a recruitment process to be conducted by the SSB. The advertisement also contains a clause for reservation of 10% post of Constable (Civil) in each district for Home Guards in each recruitment year. It also contains a reservation of 10% in the notified vacancies in each district for Group-D employees of Police Department in each recruitment year. The scale of pay as has been prescribed in the said advertisement has been fixed under the ORSP Rules, 2017 is Level-05 of the Pay Matrix in the Scale of Pay (Rs.21,700.00Rs.69,100.00).