JNYANANDA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging the advertisement No. 10 of 2008 -09 (Annex. -1) published by the Special Secretary, Orissa Public Service Commission inviting -application for Orissa Judicial Service Examination -2009 to fill up the posts of Civil Judges under Law Department by direct recruitment, on the ground that it has fixed the maximum age of 32 years for General Category, which is unreasonable and seeking following directions:

(2.) THE facts and circumstances giving rise to this case are that Orissa Public Service Commission has issued the aforesaid advertisement inviting applications from the eligible candidates for filling up 77 posts of Civil Judges in Orissa Judicial Service under Law Department by direct recruitment. Along with other eligibility criteria, the age limits has been prescribed that a candidate must not be below 21 years of age and not above 32 years of age as on the 1st August, 2009. However, the upper age limit prescribed above will be relaxable (i) up to a maximum five years for the candidates belonging to Scheduled Caste or Scheduled Tribe, or a Woman, or an Orthopedically Handicapped, (ii) up to a maximum three years for the candidates belonging to Socially and Educationally Backward Classes. But the Petitioner, who is admittedly aged about 33 years challenges the aforesaid advertisement on the ground that it makes the Petitioner ineligible for appearing in the examination in fixing the maximum age of 32 years for General Category. Hence this petition.

(3.) MR . P. Panda, Learned Addl. Standing Counsel opposed the petition contending that the maximum age for this examination remains 32 years. No doubt it is true that in specific cases, like last advertisement in 2008, considering some representations on the issue, the Government had extended the maximum age limit from 32 years to 35 years in consultation with the Hon'ble High Court for that year only in view of the fact that for last several years the post was not advertised. But so far as present advertisement is concerned there is no need to extend the age limit as the last examination was held in the year 2008 and as the Government has decided to make the advertisement every year according to the vacancies as per the direction of the Hon'ble Supreme Court. Therefore, the age of 32 years has rightly been prescribed in the advertisement and the petition is liable to be dismissed.