Orissa High Court
Amit Kumar Biswal And vs State Of Odisha And Another Opposite ... on 6 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3015 of 2025
Amit Kumar Biswal and ..... Petitioners
others
Miss. Pami Rath, Sr. Adv.,
M/s. P. Mohanty, Adv.
-versus-
State Of Odisha and another Opposite Parties
Mr. Pitambar Acharya, Advocate General
Assisted by Mr. M.R. Mohanty, AGA &
Miss. B.K. Sahu, AGA
WP(C) No.3628 of 2025
Ratikant Mohapatra and ..... Petitioners
others
Miss. Pami Rath, Sr. Adv.,
M/s. P.C. Dash, Adv.
-versus-
State Of Odisha and others Opposite Parties
Mr. Pitambar Acharya, Advocate General
Assisted by Mr. M.R. Mohanty, AGA &
Miss. B.K. Sahu, AGA
WP(C) No.3908 of 2025
Rakesh Kumar Mallick and ..... Petitioners
others
Miss. Pami Rath, Sr. Adv.,
M/s. S. Gumansingh, Adv.,
M/s. A.S.R. Achary, Adv.
-versus-
State Of Odisha and another Opposite Parties
Mr. Pitambar Acharya, Advocate General
Assisted by Mr. M.R. Mohanty, AGA &
Miss. B.K. Sahu, AGA
Page 1 of 6.
WP(C) No.3956 of 2025
Papun Dash and others ..... Petitioners
Miss. Pami Rath, Sr. Adv.,
M/s. M.M. Das, Adv.,
M/s. H.K. Mahali, Adv.
-versus-
State Of Odisha and others Opposite Parties
Mr. Pitambar Acharya, Advocate General
Assisted by Mr. M.R. Mohanty, AGA &
Miss. B.K. Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
06.02.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Earlier in the day an interim order was passed in the connected
matter to the effect that the Petitioners shall be permitted to submit
their application through online or offline mode to appear in the
recruitment test pursuant to the advertisement dated 17.01.2025
under Annexure-1 to the writ petition for recruitment to the post of
Sub-Inspector of Police as has been indicated in the advertisement
under Annexure-1. This Court further directed that they shall be
allowed to appear in the recruitment test which is likely to be
conducted very soon. However, the result shall not be published
without the leave of this Court.
3. In course of the day learned Advocate General of Odisha
made a special mention of all the matters including the matters
which were listed by notifying a special list during post-lunch
session along with the matters which are in today's cause list at Sl.
No.13 & 19.
4. Heard Miss. Pami Rath, learned senior counsel appearing for
the Petitioners as well as learned Advocate General of Odisha for the
State-Opposite Parties.
5. Miss. P. Rath, senior counsel for the Petitioners contended
that the interim order passed by this Court earlier in the writ
applications which are listed at Sl No.13 & 19 are perfectly legal and
justified and is in the interest of justice and to protect the list till the
matter is finally adjudicated. She further contended that there exists
a provision in the shape of Rule 28 where relaxation can be granted
under Odisha Police Service (Method of Recruitment and
Conditions of Service of Sub-Inspector of Police)(Armed) Order,
2021. Furthermore, since the recruitment test has not been conducted
since last several years even prior to the COVID-19 outbreak, the
Petitioners, who are admittedly over-aged, did not get an opportunity
to participate in the recruitment process. In course of her argument,
learned senior counsel for the Petitioners referred to the decision in
the case of Nagen Bhoi and others v. State of Odisha and others
reported in W.P.(C) No.341 of 2023 as well as the recent decision in
Bisheshwar Biswal and others v. State of Odisha and another
reported in W.P.(C) No.26079 of 2024 and a batch of similar other
writ applications which were disposed of by a judgment dated
05.12.2024.
6. She further submitted that although the judgment delivered by
the Coordinate Bench in Bisheshwar Biswal (supra) has been
appealed by the State Government by listing a writ appeal and in the
said writ appeal the Hon'ble Division Bench has stayed the
operation of the judgment dated 05.12.2024, however, the same shall
not stand in the way of the Petitioners in this case as they have raised
grounds which are not covered in the said judgment. She specifically
referred to Rule-28 of Odisha Police Order, 2021, which provides
for grant of relaxation by the Government in appropriate cases.
Therefore, it was contended that although the cases of the Police
Personnel are not covered under the Odisha Civil Service (Fixation
of Upper Age Limit) Rules, 1989 as amended in the year 2022,
however such benefit of relaxation of upper age limit can be granted
to the Petitioners by taking resort to Rule-28 of Odisha Police Order,
2021 in appropriate cases. In such view of the matter, learned senior
counsel appearing for the Petitioners justified the interim order
passed earlier in the day.
7. Mr. P. Acharya, learned Advocate General of Odisha on the
other hand objected to the interim orders passed by this Court. He
further specifically referred to the judgments in the case of
Manoranjan Sahu and others v. State of Odisha and Others
decided by a Division Bench in W.P.(C) No.2721 of 2023 and a
batch of similar other matters which were disposed of vide judgment
dated 27.06.2023. By referring to the aforesaid judgment in
Manoranjan Sahu's case (supra), learned Advocate General
contended that an identical issue has already been adjudicated finally
by the Division Bench and the prayer for grant of relaxation of upper
age limit has been turned down by the Division Bench by a detailed
judgment. In such view of the matter, learned Advocate General
contended that in view of the judgment of the Hon'ble Division
Bench in Manoranjan Sahu's case (supra), the interim orders could
not have been passed by this Bench.
8. He further contended that the Odisha Civil Service (Fixation
of Upper Age Limit) Rules, 1989 does not apply to the case of the
Petitioner. Accordingly, the amendment of the said Rule in the year
2022 also does not apply to the case of the present Petitioners. He
further contended that Rule 28 of the Odisha Police Order, 2021
although provides for grant of relaxation of the rules by the
Government in the matter of recruitment, however, the same falls
within the sole discretion of the Government. Therefore, it would not
be proper on the part of this Court to issue a writ of mandamus
directing the Government to exercise the power of relaxation under
Rule 27 of the OPS Order, 2021.
9. He further contended that an identical issue which was
decided by a learned Coordinate Bench taking a different view than
the view taken by the Hon'ble Division Bench in Manoranjan
Sahu's case (supra) and in Bisheshwar Biswal's case (supra), was
challenged by the State Government by filing a writ appeal. In the
writ appeal, the Hon'ble Division Bench of this Court has stayed the
operation of the judgment dated 05.12.2024 passed by the
Coordinate Bench. He further contended that the Petitioners should
have approached the Hon'ble Division Bench for passing an
appropriate interim order. Finally, the Advocate General concluded
his submissionby saying that in view of the judgment in
Manoranjan Sahu's case (supra) as well as the interim order passed
in Bisheshwar Biswal's case (supra) both by Division Bench, this
Court has no power to grant any interim order permitting the
Petitioner to participate in the recruitment process.
10. Having heard the learned senior counsels appearing for the
respective parties, on a careful examination of the legal issues
involved, further keeping in view the judgments relied upon by both
sides, this Court is of the view that judicial discipline and propriety
demands that the matter be placed before the Hon'ble Division
Bench which is hearing the writ petition in Bisheshwar Biswal's
case (supra) along with all connected matters. In such view of the
matter, Registry is directed to place the records before the Hon'ble
Acting Chief Justice in course of the day and with the consent of the
Hon'ble Acting Chief Justice, the matters be placed before the
appropriate Bench as expeditiously as possible, keeping in view the
fact that the last date for submission of the application under
Annexure-1 is 10th February, 2025. Accordingly, it is directed that
all the connected matters be placed before the Hon'ble Acting Chief
Justice for his lordships kind consideration.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
