Ajay Kumar Yadav vs Haryana Public Service 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 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 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 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.