Orissa High Court
Ipsita Kumar Mohanty vs Chairman on 19 February, 2024
Author: A.K.Mohapatra
Bench: A.K.Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3358 of 2024
Ipsita Kumar Mohanty .... Petitioner
Mr. K.K.Swain,Advocate
-versus-
Chairman, Odisha Public Service .... Opposite Parties
Commission & others
Mr. D.Mohapatra, A.S.C..
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
Order No. 19.02.2024
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present Writ Petition with the following prayer:
" Under the above circumstances, it is humbly prayed that the Writ Petition may be allowed;
AND (A) A writ of mandamus or an appropriate writ may be issued quashing he impugned resolution dated 21.12.2023 issued by the Additional Chief Secretary to Government in General Administration and Public Grievance Department, Bhubaneswar under Annexure-7 giving additional compensatory attempt to the candidates who had appeared Odisha Civil Service Examinations, 2020, 2021 and 2022 or in the alternative it may be modified/clarified that the candidates who have appeared the Odisha Civil Service // 2 // Examination, 2022 and became unsuccessful they are also eligible to appear in Odisha Civil Services Examination, 2023 like that of other intending candidates who had appeared Odisha Civil Services Examinations, 2020, 2021 and 2022 and necessary direction may be made to the Opposite Parties to allow the candidature of the Petitioner and he may be given parity with other intending candidates who had appeared Odisha Civil Services Examinations, 2020, 2021 and 2022 as he had appeared in the Odisha Civil Services Examination, 2011 and due to short fall of few marks he could not be successful in the said examination, within a time to be stipulated by this Hon'ble Court; (B) And any other order/orders or direction/directions may be issued so as to give complete relief to the Petitioner."
4. Learned counsel for the Petitioner does not want to proceed against the Opposite Party No.3. Accordingly, the name of Opposite Party No.3 be deleted from the cause tile of the Writ Petition.
5. It is submitted by the learned counsel for the Petitioner that the Petitioner had earlier appeared in Odisha Civil Services Main Examination in the year 2011. Thereafter, the next examination took place in the year 2015. By then the Petitioner has become overage. Recently the Petitioner came across a Resolution of the Government in G.A. & P.G. department dated 21.12.2023 under Annxure-7. Pursuant to such Resolution, age relaxation has been granted to the candidates who have appeared in the OCSE- from 2016 to 2022 irrespective of maximum age limit provided in the advertisement. Learned counsel for the Petitioner further contended that since such opportunity is granted as compensatory measure to the aspirant to appear in the OCSE Examination, the Petitioner also intends to avail such relaxation. In such view of the matter, learned counsel for the Petitioner submitted that the Opposite Parties be directed to provide an opportunity to the Petitioner to Page 2 of 3 // 3 // appear in the OCSE Examination which is likely to be commenced shortly. On perusal of Annexure-7 dated 21.12.2023 it appears that such allowance which is confined to the candidates, who have appeared in the OCSE examination in the year 2020-21, 2021-22, 2022-2023. Therefore, the Petitioner is not eligible to get such age relaxation pursuant to the Resolution under Annexue-7. In such view of the matter, learned Additional Standing Counsel submitted that the claim of the Petitioner for grant of age relaxation is baseless. In such view of the matter, the Writ Petition is devoid of merit and the same is liable to be dismissed
6. Having heard learned counsels appearing for the parties as well as on a careful examination of the documents and facts and keeping in view the Resolution dated 21.12.2023 under Annexure-7 to the Writ Petition, this Court observes that the Petitioner has approached Opposite Party No.4 by filing a representation under Annexure-8 to the Writ Petition. In the event such representation is pending before the Opposite Party No.1, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Party No.1 to consider the case of the Petitioner and dispose of the representation of the Petitioner by passing a speaking and reasoned order within a period of two months from the date of filing of certified copy of this order within a period of two weeks from the date of taking such decision.
7. With the aforesaid observation/direction, the Writ Petition is disposed of.
(A.K. Mohapatra) Judge RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Page 3 of 3 Reason: Authentication Location: High Court of Orissa Date: 22-Feb-2024 12:59:46