Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

ORISSA HIGH COURT : CUTTACK
W.P. (C) No.3205 of 2004
D.D. 28.3.2007
Hon’ble Chief Justice Mr.A.K.Ganguly &
Hon’ble Mr. Justice N.Prusty
Upendra Sethi ... Petitioner
Vs.
State of Orissa & Anr. ... Opposite parties
Recruitment:
Age Relaxation:
The petitioner who entered service as Junior Engineer acquiring B.E. in Engineering (A.M.I.E.)
while in service applied for the post of Junior Engineer in response to the advertisement of the Public
Service Commission under the relevant recruitment rules which provides for relaxation of age of 10
years in respect of Graduate Engineers who are already in panel – Petitioner’s application was rejected
as overaged – His application before the Administrative Tribunal was rejected in this writ petition
against the said order it was contended that in view of second proviso to Clause-9 of the relevant rules
age limit should be relaxed in respect of candidates who have entered service as Junior Engineers and
subsequently acquired the qualification – A letter from the concerned Department to the effect that the
Government has been pleased to relax in full the maximum age limit in respect of candidates who
have entered Government service as Junior Engineers and acquired the qualification subsequently –
High Court while considering that the Government has authority to make full relaxation of maximum
age limit under second proviso of Rule 9(a) of the Rules should have made the relaxation at the time of
submission of requisition to the Commission and not after the closure of date of receipt of applications
and during the course of interview, dismissed the writ petition.
Held:
Cutoff date for ascertaining eligibility prescribed in the advertisement cannot be relaxed on a
sympathetic view and all the requirements relating to qualification are to be met cannot be ignored in
individual cases.
Case referred:
Orissa PSC
1. 1979 (1) S.L.R. 710 - Swaran Lata v. Union of India and others
2. AIR 1992 Supreme Court 80 - Ashok alias Somanna Gowda & Anr. v. State of Karnataka
& Ors.
3. AIR 1998 Supreme Court 91 - State of Rajasthan v. Hitendra Kumar Bhatt
4. (2006) 8 Supreme Court Cases 330 - A.P. Public Service Commission v. P.Chandra
Mouleesware Reddy and others
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