VISWANATH Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners in these three cases are working as Second Division Clerks in the Office of the Deputy Commissioner, Bijapur. The services ol the petitioners in the first two cases, who were working as local candidates, were regularised and they are continued in service as temporary Second Division Clerks. The petitioner in WP.1654 of 1972 was appointed as a Second Division Clerk after selection, by the Divisional Level Recruitment Committee,

(2.) By Notification published in the Mysore Gazette on the 27th January, 1972, applications were invited for admission to competitive examination to be held by the Mysore Public Service Commission under the Mysore State Civil Services (Recruitment to Ministerial Posts) Rules, 1966, for recruitment to the posts oi Assistants, First Division Clerks, Junior Assistants and Second Division Clerks. The petitioners submitted their applications for the post of First Division Clerks, through proper channel to the Mysore Public Service Commission. Though other candidates received admission tickets for appearing lor the competitive examination, which was to commence on the 22nd July, 1972 at all district centres of the State, the petitioners did not receive any admission tickets. On enquiry at the office of the Public Service Commission, the petitioners were informed that as they have exceeded the age limit prescribed by Rule 6 of the Mysore State Civil Services (General Recruitment) Rules, 1957, they were not eligible to apply for the post and that therefore admission tickets were not issued to them.

(3.) These three writ petitions were filed before the commencement of the examinations, challenging the action of the Mysore Public Service Commission, who is impleaded as respondent 2 in these writ petitions, denying them admission tickets for the examination. As the Mysore State Civil Services (Recruitment to Minsterial Post) Rules, 1966 regulating recruitment to the posts in question has not prescribed any age limit for appointment, the same is governed by Rule 6 of the Mysore State Civil Services (General Recruitment) Rules, 1957 made by the Governor in exercise of the powers conferred by Art.309 of the Constitution (hereafter referred to as the General Recruitment Rules). Clauses (1) and (4) (b) of Rule 6 of the General Recruitment Rules, as amended by the Mysore State Civil Services (General Recruitment) (Amendment) Rules, 1971 issued under the Notification dt.17th April, 1971 read as follows : " 6(1). Save as otherwise provided in the rules of recruitment specifically made and applicable in respect of any post, every candidate for appointment to the State Civil Service by direct recruitment must have attained the age of eighteen and not attained the age of- thirty-three in the case of a person belonging to any of the Scheduled Castes or Scheduled Tribes, twenty-eight in the case of any other person on the last date fixed for the receipt of applications or on such other date as may be specified by the appointing authority in respect of any posts or classes of posts: * * * * * * (4) Notwithstanding anything contained in sub-rule (1), the maximum age limit for appointment shall be deemed to be enhanced in the following to the extent mentioned, namely:- (b) in the case of a candidate who is or was holding a post under the Government or a Local Authority or a Corporation owned or controlled by the Government temporarily as a local candidate, by the number of years he is or was holding such post." The petitioners not being persons belonging to any of the Scheduled Castes or Schedule Tribes, would have been within the age limit prescribed if they had not attained the age of 28 years as on 28th February, 1972, the last date fixed for receipt of applications. It is not disputed that the petitioners who are not persons belonging to any of the Scheduled Castes or Scheduled Tribes are not within the age limit prescribed by Clause (1) of Rule 6 of the General Recruitment Rules. It is also not disputed that the petitioners will not come within the age limit even by the application of sub-clause (b) of Clause (4) of Rule 6 of the General Recruitment Rules.