S SHANKAR Vs. DISTRICT EMPLOYMENT OFFICER DISTRICT

JUDGEMENT

(1.) THE petitioner belonged to Most Backward Community. He holds a Diploma in Electrical and Electronic Engineering. He got his name registered in the Employment Exchange under the MBC category on 27.06.1988. When the petitioner found that the respondent Electricity Board had called for candidates from the Employment Exchange and proposed to conduct interview for the post of Technical Assistants, he has come forward to file the present writ petition, seeking for a direction to sponsor his name also for being considered to the post of Technical Assistant so as to enable him to attend the interview conducted by R3 and R4 from 06.07.2009 onwards.

(2.) EVEN at the time of filing of the writ petition, the petitioner was 39 years old and he had crossed the upper age limit fixed for entering to the said post. This matter was heard along with other cases wherein, the respondent Board had filed a counter.

(3.) THE learned counsel for the petitioner placed reliance upon Rule 12(d) of the Tamil Nadu State and General Service Rules, wherein, it prescribes no upper age limit in case a candidate possessed higher qualification than the one prescribed for a particular post. He also submitted that in case of reserved categories, if the minimum qualification is not prescribed and a special qualification is prescribed, there can be no upper age limit. Reliance placed upon Rule 12(d) has no relevance in respect of the appointments made to the services under the Tamil Nadu Electricity Board, which is an autonomous Board and governed by the provisions of the Act. Under Section 79(c), conditions of service of the officers and other employees of the Board will have to be framed by the Board and it had already been provided in terms of Tamil Nadu Electricity Board Service Regulations. Regulation 91 prescribes minimum general educational qualification for all posts and the said provision is more or less akin to Rule 12(d) of the Tamil Nadu State and Subordinate Service Rules. But the learned counsel for the petitioner states that there can never be any upper age limit in respect of reserved categories since the post of Technical Assistant requires a diploma, which is not the minimum qualification under the Rules. Such contention can never be accepted.