VENKITESWARAN Vs. PSC

JUDGEMENT

(1.) Public Service Commission invited applications to the post of Chief (Evaluation Division) in the State Planning Board, as per notification dated 6-7-1988. That notification was published in the Gazette dated 16th August, 1988. Petitioner, a member of the staff of the department, and second respondent, a member of the staff in the Economics and Statistics Department, applied for the post. Petitioner was aged 35 years on the date of application and second respondent was aged 47 years. According to the petitioner, second respondent being over aged, was not entitled to apply in pursuance to the notification. But, Public Service Commission interviewed the applicants and prepared a ranked list. Second respondent has been assigned rank No. l and petitioner rank No.2. This action of the Commission in assigning rank No. 1 to the second respondent is under challenge.

(2.) Special Rules governing the service in the State Planning Board, which is known as 'Kerala State Planning Service', fix the age limit in the following terms:-

(3.) Detailed counter affidavits have been filed on behalf of the Public Service Commission and the State. Second respondent has also filed a detailed counter affidavit. The stand taken by the Public Service Commission in their counter affidavit is as follows:-Notification for the post was issued in accordance with the qualifications and age limit laid down by the Special Rules. The contention of the; petitioner is that second respondent has been working as Deputy Director in the Western Ghats Cell of the Planning and Economic Affairs Department of the Government Secretariat and hence the age relaxation application to the candidates who are in the service of the State Planning Board cannot be granted to him. Second respondent was not within the age limit. In column 10 of the application, in answer to the question whether he is eligible for relaxation of upper age limit and the ground for relaxation, second respondent stated that he is eligible for age relaxation on the ground that he is working in the Planning and Economic Affairs Department, Government Secretariat, which is stated to be the Administrative Office of the Planning Board. His application carried two defects,-