SUDHANSU KUMAR BEHERA Vs. ORISSA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE petitioner, a graduate in law and borne in the ministerial cadre of the establishment of the District Judge, Puri seeks to challenge the validity of Rule 18(2)(c) of the Orissa Superior Judicial Service and Judicial Service Rules, 2007 (for short, hereinafter referred to as "the Rules, 2007), as amended by the Orissa Superior Judicial Service and Judicial Service (Amendment) Rules, 2010 (for short, hereinafter referred to as "the Amended Rules, 2010").

(2.) WE have heard Mr. T. Kumar, learned counsel for the petitioner and Mr. P.K. Muduli, learned Addl. Standing Counsel for the State -opposite party.

(3.) THE facts in bare minimum are that in terms of Rules 18(1)(b) of the Rules, 2007 the age limits for the recruitment to the service of Civil Judge were fixed as "not below 21 years of age and not above 32 years of age on the 1st day of the month of August of the year in which applications are invited". However, the maximum age limit was relaxable by 5 years for reserved category candidates as well as women and Physically Handicapped candidates. The upper age limit of the departmental candidates, having not less than 7 years of service in the High Court, Civil or Criminal Court sub -ordinate to High Court and in the Law Department, was fixed at 39 years. With the amendment of the Rules i.e. the Amended Rules, 2010, as mentioned hereinabove, the minimum age limit was enhanced from 21 to 23 years and the upper age limit from 32 to 35 years and in addition to that 5 years relaxation in upper age limit in respect of SC, ST, SEBC, Women and Physically Handicapped candidates as mentioned therein was also prescribed. However, no such age relaxation was provided to the departmental candidates.