The Orissa High Court directs the state government to reevaluate ex-serviceman Santosh Adhikari’s job application for assistant director (law) due to age restrictions. Adhikari, a former Indian Air Force personnel, was disqualified by the Odisha Public Service Commission’s age limit of 40 years for the position.
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CUTTACK: The Orissa High Court has mandated the state government to reassess the application of an ex-serviceman, Santosh Adhikari, for the position of assistant director (law) after he was deemed over-aged for the role. This directive comes in light of a petition filed by Adhikari, a former Indian Air Force personnel, who was unable to apply for the said position due to age restrictions.
The Odisha Public Service Commission (OPSC) had initially announced the recruitment for 80 posts of assistant director (law) in Group-B of the Odisha Secretariat Service under the Home department on November 18, 2021. Notably, two of these posts were earmarked for ex-servicemen, including one for women. However, the age limit was capped at 40 years, which disqualified Adhikari, who was over the limit by one-and-a-half years.
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Adhikari’s initial plea to the chief secretary on December 14, 2021, sought an increase in the upper age limit from 40 to 45 years for the ex-servicemen category, aligning it with the age limit for in-service government employees. Following the lack of response to his representation, Adhikari escalated the matter to the High Court on December 17, 2021.
The case was presided over by Justice AK Mohapatra, who, in a ruling dated March 1, emphasized the need for a fresh evaluation of Adhikari’s case.
Justice Mohapatra highlighted:
“Two grounds which touch the judicial conscience of this court in the context of the present case are the report of the parliamentary standing committee on defense recommending grant of relaxation in upper age limit to ex-servicemen candidate in the matter of recruitment to a civil post and the disparity in the rule as well as in the advertisement with regard to the age of in-service government candidates and ex-servicemen candidates.”
The court’s decision underscores the disparity between the treatment of in-service candidates and ex-servicemen, urging a reconsideration in the spirit of fairness and public service. Justice Mohapatra further stated:
“While considering the case of the petitioner, the state government shall do well to keep in mind that the petitioner is an ex-serviceman who has served the nation for several years through the Indian Air Force and accordingly, a decision be taken in the larger interest of a particular category of persons.”
In an interim relief, the OPSC had permitted Adhikari to partake in the selection process, including the written examination and the viva voce test, following an interim order by the court. However, the results pertaining to Adhikari were withheld and sealed as per the court’s instructions.
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Justice Mohapatra decreed that should the state government find Adhikari eligible for age relaxation, the sealed results should be disclosed, and subsequent necessary actions must be undertaken within four weeks from the decision date.
