UPENDRA SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in Original Application No. 2612 (C) of 2003. By the said judgment the Tribunal has dismissed the Original Application.

(2.) THE material facts of the case are that the applicant before the Tribunal (the petitioner before us) entered the service as Junior Engineer and while continuing as such he acquired Bachelor Degree in Engineering (A.M.I.E.). In view of the resolution of the Government taken in the year 1996 he was promoted to the rank of Assistant Engineer on ad hoc basis in the scale of pay of Rs. 2000 -3500/ - for a period of one year or till receipt of recommendation of the O.P.S.C. whichever is earlier. While the petitioner was continuing as such, the O.P.S.C. published an advertisement No. 3 of 2002 -2003 for special recruitment of Assistant Engineer (Civil/Mechanical) in Class -ll of Assistant Engineering Service under the Department of Water Resources, Orissa. The vacancy position shown in the advertisement was 409 and the applicant applied for the said post. Subsequently the applicant came to know from the local daily that the O.P.S.C. has issued notice for interview of the candidates from 26.02.2003 onwards. In this connection, a particular clause in the advertisement, which is relevant, is referred to. In the said advertisement there was an age bar under Clause -3 of the advertisement. The said Clause 3 is set out below: A candidate must be under 37 years and above 21 years of age on the 1st August, 2002, i.e., he/she must not have been born earlier than the 2nd August, 1965 and not later than the 1st August, 1981: Provided that the upper age limit may be relaxed up to 10 years in respect of Graduate Engineers who are already in panel as per the Water Resources Department Resolution No. 470, dated the 4th January 2002.

(3.) DESPITE the aforesaid relaxation by the State Government, O.P.S.C. was not allowing the petitioner to appear in the interview since the applicant does not satisfy the eligibility condition about age as mentioned in Advertisement. The petitioner went before the Tribunal challenging the action of the O.P.S.C. and the Tribunal by an interim order allowed the petitioner to appear in the interview but made it clear that the result of such interview shall not be published.