SATYA PAL Vs. DELHI SUBORDINATE SERVICE SELECTION BOARD

JUDGEMENT

(1.) The limited controversy arising in this proceeding, under Article 226 of the Constitution of India, is whether the petitioner can claim the benefit of his past service with the Indian Veterinary Research Institute (hereafter called "IVRI"), an affiliate/body controlled by the Indian Council of Agricultural Research (hereafter called "ICAR") for the purpose of reckoning" eligibility, for recruitment to the post of Junior Engineer in the Municipal Corporation of Delhi (MCD).

(2.) The first respondent issued an advertisement inter alia, calling for applications, for the post of Junior Engineer on 23rd July, 2003, in the MCD. The age prescribed for the post was 27 years. The relevant condition with regard to relaxation of age reads as follows:

(3.) The petitioner sought for information under' Section 7 of the Delhi Right to Information Act, 2001, from the first respondent; it disclosed that he had secured 76% marks in the examination whereas the cut of marks on the, basis of which the last candidate was appointed was 74.5%. The, petitioner' candidature however was declined on the ground that age relaxation was inadmissible to him since he as working in a society, registered under the, Societies Registration Act and was' not a "Government servant". This stand has been questioned.