Nitosh Kumar Das vs State Of Odisha & Anr. .... Opp. Party (S)
2026 Latest Caselaw 348 Ori

Orissa High Court

Nitosh Kumar Das vs State Of Odisha & Anr. .... Opp. Party (S) on 15 January, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                                                     Signature Not Verified
                                                                     Digitally Signed
                                                                     Signed by: BHABAGRAHI JHANKAR
                                                                     Reason: Authentication
                                                                     Location: ORISSA HIGH COURT, CUTTACK
                                                                     Date: 15-Jan-2026 10:52:27




                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No. 35478 of 2025

           Nitosh Kumar Das                    ....                 Petitioner (s)

                                                    Mr. Biplaba P.B. Bahali, Adv.
                                        -versus-

           State of Odisha & Anr.            ....                  Opp. Party (s)
                                                        Mr. Sonak Mishra, ASC
                                                       Mr. D.P. Nanda, Sr. Adv.
                                                                    Along with
                                                      Ms. Sarita Moharana, Adv.

                        CORAM:
                         DR. JUSTICE SANJEEB K PANIGRAHI

   Order                                ORDER
    No.                                15.01.2026

04. 1. This matter is taken up through hybrid arrangement.

2. Learned counsel for the parties are present. Judgment prepared

in separate sheets is delivered and pronounced in open Court in

the presence of learned counsel for the parties and the order is

passed accordingly as follows:-

3. In view of the foregoing analysis, and upon an anxious and careful consideration of the material facts and circumstances of the

case, this Court is of the considered view that the Petitioner is not

entitled to apply for the post in question. It is reiterated that the

migration of a candidate belonging to a reserved category to the

Unreserved category is permissible only where such migration is

expressly contemplated under the applicable recruitment rules or

the terms of the recruitment advertisement. In the absence of any

Location: ORISSA HIGH COURT, CUTTACK

such enabling provision in the present case, the Petitioner cannot

claim consideration for age relaxation against the Unreserved

category. Consequently, this Court finds no merit in the Writ

Petition and is not inclined to grant the reliefs prayed for.

Accordingly, the Writ Petition stands dismissed.

4. Interim order, if any, passed earlier stands vacated.

( Dr. Sanjeeb K Panigrahi) Judge B.Jhankar