Civil Writ Petition No. 9886 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 9886 of 2009
Date of decision: 3.8.2009
Ajay Kumar Yadav ...petitioner
Versus
Haryana Public Service Commission ...respondent.
CORAM: HON'BLE MR. JUSTICE RANJIT SINGH
*****
Present: Mr. S.K. Rana, Advocate
for the petitioner.
Mr. H.N. Mehtani, Advocate
for the respondent/Commission.
*****
RANJIT SINGH J.
Haryana Public Service Commission issued an
advertisement, Annexure P-1, for recruitment to the post of Fisheries
Officer/Distt. Fisheries Officer-cum-Chief Executive Officer etc. In all
3 posts were advertised, one of which is reserved for physically
handicapped (blind). The closing date of this advertisement was
27.2.2009, which in case of applicants from Forward Remote Areas
i.e. States/Union Territories of North-East Region, Lakshadweep,
Andaman and Nicobar Island etc. was 6.3.2009. The eligible age for
apply as given in the advertisement was between 17 to 40 years as
on 27.2.2009. In the advertisement itself it was also mentioned that
it shall be 45 years for Scheduled Castes/Tribes, Backward Classes
of Haryana only.
The petitioner being eligible applied for the post meant for
reserved category of backward class. The petitioner, however, was
Civil Writ Petition No. 9886 of 2009 2
informed through communication dated 24.4.2009 that he was
disqualified on the ground that he was over 40 years of age. The
petitioner was also informed that the age in his case could not be
relaxed as per the Government instructions dated 22.7.1997. The
petitioner represented against this order rejecting his candidature on
the ground of age. The petitioner pleaded that he was entitled to be
called for interview as age in his case was relaxable up to 45 years,
he being a backward class category candidate in terms of the
conditions contained in the advertisement, Anneuxre P-1.
Notice of motion was issued. Copy of the reply is handed
over in the Court today and is taken on record. The copy has already
been supplied to counsel for the petitioner.
Mr. Mehtani, counsel for the Commission would rely upon
the instructions, Annexure P-4, attached with the petition.
Instructions, Anneuxre P-4 have been issued while amending the
department’s instructions issued on 25.3.1975, to provide that if any
member/members belonging to Scheduled casts/Backward Classes
is/are selected in the open competition for direct recruitment on the
basis of their own merit they will not be counted against the quota
reserved for Scheduled Castes/Backward Classes and that they will
be treated as open competition candidates. It is further mentioned
that such candidate should fulfill conditions of eligibility regarding age
etc. as are meant for general category candidates. No doubt these
instructions would give an indication that a candidate belonging to
reserved category when are to compete in an open competition, the
age which is meant for open category candidate will be applicable to
him as well to see his eligibility. These instructions apparently are
Civil Writ Petition No. 9886 of 2009 3
applicable in those cases where candidates belonging to S.C. and
B.C. are selected on the basis of their merit and not by virtue they
being for reserved category. These instructions apparently were
given go bye in the advertisement, Annexure P-1. The Commission
was fully conscious of this fact that there was no reservation made
for Backward Classes/Scheduled Castes or Scheduled Tribes. The
reservation in the advertisement was only for physically handicapped
category. Still no age relaxation was provided for physically
handicapped category. Rather age relaxation apparently has been
provided for in the case of Scheduled Castes/Scheduled Tribes and
Backward Classes of Haryana only. The advertisement is indicative
of the fact that though scheduled castes/scheduled tribes or
backward classes candidates would compete in the open general
category but would have the relaxation of age by 5 years. They
would thus be considered eligible upto the age of 45 years. There
was no other purpose for prescribing this as a condition in the
advertisement.
The instructions relied upon by Mr. Mehtani apparently
would not apply to the situation at hand. These instructions are
applicable to an eventuality where all reserved category candidates
competing with all comes in overall merit, while considering him in
the general category and not in reserved category. These
instructions would apply to say that his age is to be considered as
that of general category candidate. That is not the situation here.
Here age of the general category candidate was to be between 17 to
40 years whereas in case of Scheduled Castes/Scheduled Tribes/
Backward Class of Haryana the age prescribed was 45 years. The
Civil Writ Petition No. 9886 of 2009 4
advertisement thus does not give any indication that this age was not
to be taken into consideration for allowing the candidates of
Scheduled Castes/Scheduled Tribes or Backward Classes of
Haryana.
In the reply, it is not even mentioned that this part of the
advertisement has been so issued by some mistake. The stand,
however, is that this will not make any material difference in view of
the instructions. The conditions in the advertisement will not be
regulated by the instructions that may be available with the
respondent-Commission. Since the petitioner is less than 45 years
of age and is a backward class candidate, he will be eligible to
appointment to the post advertised and cannot be disqualified only
on the ground of being over age.
The writ petition is accordingly allowed. The directions are
hereby issued to respondent-Commission to consider the case of
the petitioner for appointment. Needless to mention that the
petitioner shall be considered on the basis of merit as determined by
the Board if eligible otherwise.
August 03, 2009 ( RANJIT SINGH ) rts JUDGE