JEET SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Heard Mr. Bhagwat Mehra, learned Counsel for the petitioner, Mr. J.C. Pandey, learned Brief Holder for the State and Mr. N.S. Pundir, learned Counsel for the Public Service Commission.

(2.) The petitioner, an ex-serviceman and a member of the scheduled castes, applied for appointment to the post of Vice Principal in the Government Intermediate College in the State of Uttarakhand, pursuant to the advertisement dated 11.3.2011. He secured 812.0142 marks, and yet the fourth respondent, who was also an ex-serviceman and a member of the scheduled castes, was selected, for appointment to the said post, by the Public Service Commission, though he had secured lesser marks i.e. 802.6228. When the petitioner enquired as to how a person who secured lesser marks than him was selected, he was informed that he was denied appointment because he was overaged. The petitioner was, admittedly, more that 42 years of age on the prescribed cut-off date.

(3.) The advertisement, issued by the Public Service Commission on 11.3.2011, stipulated the age limit in Clause 9 thereof. Clause 9.1 stipulated that the candidate should complete at least 21 years of age on 1st July, 2011 and should not be above 35 years, meaning thereby that his/her birth should not be after 1.7.1990 and before 2.7.1976. The petitioner's date of birth is 13.4.1969 and was much before 2.7.1976. Clause 9.2 of the advertisement provided for relaxation in the Upper Age Limit. Clause 9.2 (a) provided that, as per G.O. dated 21.5.2005, 5 years' relaxation shall be admissible to candidates belonging to the Uttarakhand Scheduled Castes/Uttarakhand Scheduled Tribes/Uttarakhand Other Backward Classes. Clause 9.2(c) stipulated that, for Group 'B' and Subordinate Gazetted posts, 5 years' relaxation shall be admissible in upper age limit to ex-servicemen of Uttarakhand who had served for 5 years in Indian Army/Navy/ Air Force.