R JAWAHARLALA NEHRU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mrs. Chithra Sampath learned counsel appearing for M/s. S. Ponnarasi, learned counsel for the petitioner, Mrs. Bhavani Subbaroyan, learned Additional Government Pleader taking notice for the first respondent and Mr. V. Arul, taking notice for the second respondent Tamil Nadu Public Service Commission [for short, 'tnpsc'] and perused the records.

(2.) THE petitioner is an aspirant for the Group I post in the TNPSC for which notification has been given vide Advertisement No. 120/2007. The petitioner is aggrieved by paragraph 6 (A) and 6 (A) (iii) of the notification dated 01. 8. 2007 and once the said notification is set aside, he wants a direction to the respondents to consider his name for the Group I services for which the said advertisement has been given. The petitioner was aggrieved by the notification fixing maximum age of 35 years as on 01. 7. 2007 for SCs/sts/mbcs/dcs/bcs and 30 years in respect of other categories. However, in paragraph 6 (A) (iii), the age relaxation of five years in the maximum age limit was given in respect of applicants either who are unemployed youth or those who are in Government service affected by the ban order on recruitment. But it is stated that in respect of candidates not belonging to the reserved categories and who have put in five years of service in the State or Central Government, they are not eligible to apply even though they are within the age limit.

(3.) THE petitioner is admittedly working as Revenue Inspector in the Revenue Department at Tiruchirappalli District and his date of birth was 31. 5. 1967. Therefore, as per the notification, the petitioner had already crossed the age for applying to the said post. Apart from that, the petitioner had already put in five years of service in the Government. Therefore, he apprehends that his application though submitted pursuant to the advertisement, may be rejected by the second respondent TNPSC.