ARCHAEOLOGICAL SURVEY OF INDIA Vs. NIRAJ KUMAR SINHA

JUDGEMENT

(1.) Petitioners-Archaeological Survey of India and Union Public Service Commission by this writ petition seek quashing of the judgment and order dated 21st April, 2004 and 11th August, 2004 passed by the Central Administrative Tribunal in OA 547/2004 The Tribunal by the impugned judgment held that the respondent was entitled to the benefit of increase in the upper age limit by two years in terms of Rule 3 of the Central Civil Services and Civil Posts (Upper Age limit for Direct Recruitment) Rules, 1998 (hereinafter referred to as 'Rules').

(2.) The said order and judgment was passed in the absence of the counsel for the petitioner and thus an application bearing M.A No. 1653/2004 was moved for recalling the order. The said application was dismissed by the Tribunal observing that there was no ground to rehear the matter and the remedy of the petitioner may lie in challenging the order in the appropriate forum.

(3.) This petition involves interpretation of Rule 3 of the Rules and the Note appended thereto. In the instant case, selection by U.P.S.C. is through interview. It is the petitioner's contention that benefit of relaxation of upper age limit, under the Rules is excluded, where the recruitment is through short listing or by interview or the other species as mentioned in the Note. Before we examine the text of the Rules and the advertisement for proper interpretation of Rule 3, the facts culminating in the filing of the writ petition may be briefly recapitulated.