Ganesh Chandra Bhuyan vs State Of Odisha & Anr
2021 Latest Caselaw 8065 Ori

                                   1




       IN THE HIGH COURT OF ORISSA AT CUTTACK


                  W.P.(C) No.21972 OF 2021

Ganesh Chandra Bhuyan                    .....                  Petitioner

                                                Mr. G.R. Sethi, Advocate
                                 Vs.
State of Odisha & Anr.                   .....            Opposite parties
                                                    Mr. D.K. Mohanty, ASC




            CORAM:
                DR. JUSTICE B.R. SARANGI

                                         ORDER

02.08.2021

W.P.(C) No.21972 of 2021 And I.A. No.10102 of 2021

Order No. The matter is taken up through hybrid arrangement

(virtual/physical mode).

Heard Mr. G.R. Sethi, learned counsel appearing for the petitioner.

The petitioner has filed this writ petition to quash the advertisement issued under Annexure-4 as it is contrary to application of the ORV Act to the post of ECG Technician and also to quash Clause-4 of the advertisement under Annexure-4 in fixing the age limit in respect of ECG Technician. He further seeks direction to the opposite parties to relax the upper age limit of the petitioner in accordance with Rule-8 of Odisha Group-C & D posts (Contractual Appointment) Rules, 2013 in order to participate in the recruitment test. Mr. G.R. Sethi, learned counsel appearing for the

petitioner contended that ORV Act is not applicable to the contractual appointment in view of judgment of this Court passed in Rajashree Rout v. State of Orissa (W.P.(C) No.32170 of 2011 disposed of on 20.12.2019). As per Clause-4 of the advertisement issued under Annexure-4, age limit of ECG Technician post has been mentioned as per the norms prescribed by the State Government. It is contended that the petitioner is rendering his service as ECG Technician and in the meantime, he has completed more than 9 years. Thereby, he should be given age relaxation.

Issue notice.

Two extra copies of the writ petition be served on the learned Addl. Standing Counsel within three days, as he appears for opposite parties no.1 and 2 to enable him to obtain instructions or file counter affidavit.

As an interim measure, it is directed that the process of selection pursuant to advertisement issued under Annexure-4 may continue but the same shall abide by the result of the writ petition.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021.

Alok DR. B.R. SARANGI, J.