Pratap Chandra Pradhan vs State Of Odisha & Ors. ..... Opposite ... on 24 August, 2021

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Orissa High Court

Pratap Chandra Pradhan vs State Of Odisha & Ors. ..... Opposite ... on 24 August, 2021

Bench: B.R. Sarangi

                                    1


       IN THE HIGH COURT OF ORISSA AT CUTTACK


                  W.P(C) No.25195 OF 2021

Pratap Chandra Pradhan                   .....                  Petitioner

                                                    Mr. Sarbeswar Prusty,
                                                               Advocate
                                 Vs.
State of Odisha & Ors.                   .....             Opposite party

                                                     Mr. S.N. Nayak, ASC



            CORAM:
                DR. JUSTICE B.R. SARANGI

                                         ORDER

24.08.2021 Order No. This matter is taken up by hybrid mode.

2. Heard Mr. S. Prusty, learned counsel for the petitioner and Mr. S.N. Nayak, learned Additional Standing Counsel.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to relax his upper age limit 45 years as on 01.01.2021 (Gomitra Candidate) to make him eligible for the present recruitment under Annexure-14 by excluding the two calendar years i.e. 2019 and 2020, in which the recruitment was not conducted by opposite parties no.1 to 3 as per Rule-5(a) of the Odisha Veterinary Technical Service Group-'C' (Recruitment and Conditions of Service) Amendment Rules, 2019 under Annexure-10 and further claims that he may be permitted to fill up the forms for recruitment to the post of Gomitra.

4. Mr. S. Prusty, learned counsel for the petitioner contended that as per Rule-5(a) of the 2 Odisha Veterinary Technical Service Group-'C' (Recruitment and Conditions of Service) Amendment Rules, 2019 under Annexure-10, the examination for the recruitment to the post of Livestock Inspector shall be done in each year. But, recruitment to the post of Livestock Inspector was not held for the year 2019 and 2020. The petitioner, who is a Gomitra candidate, was eligible to make application for the said post by that time. Now, a fresh advertisement under Annexure-14 dated 30.07.2021 has been issued inviting online application for recruitment to the post of Livestock Inspector-2021. By this time, the petitioner is overaged and he is unable to participate in the process of selection. Therefore, the petitioner seeks for relaxation of age so that he can participate in the process of selection.

5. Mr. S.N. Nayak, learned Additional Standing Counsel contended that there is no provision under the Rules to grant age relaxation due to non-conduct of examination in each year. If the petitioner is not eligible to make application in accordance with rules, he cannot be permitted to sit in the examination as he is otherwise eligible as per the advertisement. It is further contended that the relaxation of age can be considered by the Government. Therefore, the petitioner should have approached the appropriate forum instead of approaching this Court by filing this writ petition, which cannot sustain in the eye of law.

6. Considering the contentions raised by learned counsel for the parties and after going through the records, admittedly an advertisement has been issued on 30.07.2021 under Annexure-14 inviting online application for recruitment to the post of 3 Livestock Inspector-2021. The contention raised by the learned counsel for the petitioner that the petitioner is overaged by this time, therefore, relaxation of age may be granted to make application pursuant to advertisement, but nothing has been placed on record indicating relaxation of age can be granted to the petitioner. It is further contended that if recruitment examination was conducted for the year 2019 and 2020, the petitioner could be eligible to apply. But, now he cannot apply for the recruitment test pursuant to advertisement under Annexure-14 as he is overaged. Therefore, he contended that the petitioner may be permitted to make an application to the post of Livestock Inspector by relaxing/condoning his upper age. As it appears, no such provision is placed before this Court for grant of relaxation of age limit of the petitioner.

7. In that view of the matter, this Court is not inclined to entertain this writ petition. However, liberty is granted to the petitioner to pursue his remedy before the appropriate forum, if he is so advised.

8. With the above observation, the writ petition is disposed of.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE

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