ST. ISABELS HIGH SCHOOL Vs. EDUCATION INSPECTOR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith by consent of the parties and heard finally.

(2.) The petitioner - St. Isabel's High School, Mumbai, invokes the jurisdiction of this Court under Article 226 of the Constitution of India to challenge the impugned Government Resolution ('GR' for short) dated 25th November, 2005 of the respondent No.2 - State Government to the extent it prescribes a maximum appointment age of 33 years for Shikshan Sevaks/ Junior Clerk. Consequently, the petitioner prays for setting aside the impugned order dated 12/1/2011 passed by respondent No.1 - the Education Inspector thereby not approving the proposal submitted by the petitioner for approval of the appointment of a junior clerk, Shri Godwin D'Almeida. The reason for disapproval stated is that as per the said GR, Shri Godwin D'Almeida's age exceeds the maximum age limit prescribed by the G.R.

(3.) The second ground on which the proposal is rejected is that there are candidates available in the compassionate appointment wait list who are to be given preference.