REEJA K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is an applicant before the Kerala Administrative Tribunal (herein after referred to as 'the Tribunal'). She applied for the post of HSST (Sociology), pursuant to Ext. P4 notification dated 30.10.2010 issued by the Public Service Commission (hereinafter referred to as 'the commission'). There is no dispute that going by the upper age limit fixed, as per the notification, the applicant was over aged by about 7 months. Still she applied for the post and she was called for the written test. Apprehending that her application will be rejected by the Commission, a writ petition was filed seeking the following relief's:

(2.) THE case of the petitioner appears to be that she is working as guest lecturer in Sociology in the Government Higher Secondary School, Mankada in Malappuram District from 2008 onwards.

(3.) THEREFORE in terms of the G.O., since the petitioner was not appointed under Rule 9(a)(i) of Part II KS and SSR, the petitioner is not entitled to age relaxation. But the case of the petitioner is that had she been appointed under Rule 9(a)(i) she would have secured the benefit of extended upper age limit. Though there was a vacancy and she should have been appointed under Rule 9(a)(i), the Government resorted to the practice of appointing her as a guest lecturer. Therefore the contention is, since her appointment could have been done only under Rule 9(a) (i) as per law, her appointment should be treated as appointment under Rule 9(a)(i) and she should be given the benefit of exemption from upper age limit.