Cuttack: Orissa high court has set aside a single judge’s order for a six-year relaxation in the upper age limit of 23 years fixed for applying to the posts of constables/sepoys in Odisha police, acknowledging that fixing of age limit is a policy decision.
The HC was hearing a batch of 46 appeals filed by the state govt against the single judge’s order naming 2,499 respondents who were beneficiaries of the six-year upper age limit relaxation.
The division bench of Justices Arindam Sinha (then acting Chief Justice) and M S Sahoo set aside the single judge’s order after it was informed on March 25 that the state govt had suo motu decided to grant three-year age relaxation as a “one-time benevolent measure” and counsels of the respondents agreed to it.
On March 24, the court had asked the state to consider granting relaxation, not by direction on adjudication but by themselves.
Accordingly, advocate general Pitambar Acharya submitted that grant of the three-year age relaxation must be on acceptance of the legal position that state cannot be compelled by issuing a direction.
Taking it on record, the division bench in its order uploaded on March 28, said, “On query from court, respondents, through their advocates, accept the benevolent measure of being given three years upper age relaxation in respect of categories of candidates, who appeared in the written examination.”
“We have ascertained that respondents in the appeals concede their grounds of opposition to impugned single judge’s order being interfered with in appeal, by accepting the upper age relaxation granted by state. Impugned judgment is, therefore, set aside,” the division bench said, while disposing of the appeals.
Senior advocates Pami Rath and Laxmidhar Pangari, advocates Rajib Rath, Biplab P B Bahali and Kshirod Kumar Rout, among others, represented the candidates.
According to case records, the State Selection Board (Odisha police) had invited applications for 1,360 posts of constables/sepoys in 16 different battalions through an advertisement issued on Sept 22, 2024.
The single judge ordered the age relaxation on Dec 5, 2024 after several candidates who had crossed 23 years challenged it. Accordingly, candidates qualifying under the six-year age relaxation were allowed to appear for the written examination.
But the state govt filed a batch of appeals against the single judge’s order. Acting on it, the HC issued an interim stay on the appointment process.
The AG’s submissions hinged on the contention that the direction for granting six-year age relaxation could not have been made on equitable consideration as law stands settled that fixing of age limit is a policy decision.
Last recruitment for the posts of constables/sepoys was conducted in 2018.