The Orissa High Court upholds strict adherence to Rule 8’s physical standards, declaring unprescribed BP measurement arbitrary, and affirms binding authority for public service recruitments
Summary
| Category | Data |
|---|---|
| Case Name | WP(C)/20297/2025 of NADEEM SAWAN Vs STATE OF ODISHA |
| CNR | ODHC010504892025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Mr. Justice Aditya Kumar Mohapatra |
| Court | Orissa High Court |
| Bench | Single-Judge Bench (Aditya Kumar Mohapatra, J.) |
| Precedent Value | Binding |
| Overrules / Affirms | Affirms the prescribed recruitment procedure and statutory requirements |
| Type of Law | Administrative / Constitutional (public service recruitment) |
| Questions of Law | Whether disqualification based solely on blood pressure measurement, not prescribed in the advertisement or Rule 8 of the 2013 Rules, is arbitrary and illegal |
| Ratio Decidendi (3–8 sentences) |
The High Court held that recruitment must follow only those physical standards and tests expressly provided in the advertisement and Rule 8 of the 2013 Rules. Blood pressure screening was neither mentioned in Clause 5 of the advertisement nor in Rule 8, and Rule 11 contains no BP-based disqualification. Introducing an extraneous BP test amounted to change in process and violated Article 14, 16 and 21. The Court quashed the disqualification orders and directed a fresh physical endurance test, subject to candidates furnishing a normal BP certificate from a registered medical practitioner. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Odisha handling public service recruitment challenges |
| Persuasive For | Other High Courts and tribunals reviewing adherence to advertised and statutory recruitment criteria |
What’s New / What Lawyers Should Note
- Clarifies that only physical standards and endurance tests prescribed in the advertisement and Rule 8 can form the basis of disqualification.
- Declares any additional health screening—such as blood pressure checks—not provided for in the recruitment rules arbitrary and violative of Article 14, 16 and 21.
- Confirms that Rule 11’s disqualification grounds cannot be expanded by executive fiat.
- Endorses remedy of fresh testing with medical-certificate condition, providing a template for similar quashing petitions.
- Reinforces requirement to strictly adhere to advertised selection criteria in public service processes.
Summary of Legal Reasoning
- Examination of Clause 5 of the OPSC advertisement and Rule 8 of the 2013 Rules shows no provision for blood pressure measurement.
- The prescribed recruitment sequence is: written test → physical standard (height/chest) → endurance walking test → viva voce.
- Rule 8(iii) mandates only distance-walking standards; Rule 11 contains no BP-based disqualification.
- Introducing an unprescribed BP test alters the recruitment framework and is therefore arbitrary.
- Such alteration violates equality and fair-procedure guarantees under Articles 14, 16 and 21.
- Result: disqualification orders quashed; candidates entitled to fresh endurance test upon furnishing a normal BP certificate.
Arguments by the Parties
Petitioners
- Qualified the written examination and were entitled to participate in the subsequent physical endurance test.
- Disqualification based on faulty digital BP readings was not provided for in the advertisement or Rules 2013.
- Such extraneous test violates Rule 8, Article 14, 16 and 21, and is arbitrary.
- No prior opportunity was given to contest the BP readings.
Opposite Parties (OPSC & State)
- Physical endurance test supervised by experts under OPSC and Forest Department.
- BP measurement introduced after a candidate fainted, for safety reasons.
- Health screening serves larger public and candidate interest and is not illegal or arbitrary.
Factual Background
In May 2023, OPSC advertised 176 Forest Ranger and Assistant Conservator of Forests vacancies. Petitioners cleared the written exam (Aug 2024) and were called for physical standard and endurance (July 2025). Before the walking test, they underwent BP checks with a digital device and were disqualified on alleged high readings. They sought retests or reservation of posts, alleging violation of advertised criteria and Rules 2013.
Statutory Analysis
- Rule 8, Odisha Forest Service Rules, 2013: prescribes height, chest measurement and walking distances; no reference to blood pressure testing.
- Rule 11: lists disqualification grounds; lacks any BP-based criteria.
- Advertisement Clause 5 mirrors Rule 8; contains no additional health parameters.
Alert Indicators
- ✔ Precedent Followed – affirms that recruitment must strictly adhere to advertised and statutory criteria.