RAJENDRA KUMAR Vs. STATE OF UTTARAKHAND AND ANR.

JUDGEMENT

(1.) Delay Condonation Application No. 9504 of 2010

(2.) IN the advertisement, published sometimes in April, 2007, it was held out that a candidate belonging to Scheduled Caste category, who has not completed the age of 40 years as on 1st July, 2007, is entitled to respond to the said advertisement. Despite having been born on 1st July, 1967 and, accordingly, despite he having had completed 40 years as on 1st July, 2007, Appellant responded to the said advertisement. He was thereupon asked to appear at the preliminary examination. After he was declared successful in the said examination, by a letter dated 12th August, 2010, the response of the Appellant to the advertisement was cancelled on the ground that he is overage. The said order was assailed in a writ petition. Court found that on 1st July, 2007, Appellant, having had completed 40 years, was overaged and, accordingly, there is no scope of interference with the order impugned in the writ petition. The writ petition was, accordingly, rejected by the judgment and order under appeal.

(3.) BY consent of the parties, we have heard the appeal on its merit.