UMESH CHANDRA JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) IN the instant petition the sole petitioner has come up for quashing of the order of Public Service Commission, Allahabad dated 05.11.2007 intimating that his form and fee for appearing in the test for appointment to the post of Assistant Prosecution Officer is rejected on the ground that he was overage.

(2.) LEARNED counsel for the petitioner vehemently contended that since he was born on 01.07.1966, he would complete 40 years of age on 01.07.2006, therefore, was not overage, and, rejection of his application form is wrong.

(3.) THE issue was considered in an English decision. In Re Shurey Savory Vs. Shurey [LR(1918) 1 Ch. 263] where the question came up for consideration was: does a person attain a specified age in law on the anniversary of his or her birthday or on the day preceding that anniversary. It was held that law does not take cognizance of part of a day and the consequence is that person attains required age on the day preceding the anniversary of his birthday. THE same view is taken in another English case in Rex Vs. Scoffin [LR (1930) 1 KB 741].