K S DHAN RAJ Vs. OSMANIA UNIVERSITY HYDERABAD

JUDGEMENT

(1.) The Writ Appeal is filed challenging the orders passed by the learned Single Judge dated 02-05-2003 in W.P.No. 21749 of 1994. The petitioner challenged the appointment of the second respondent as Medical Officer. The only ground raised in the writ petition is that the writ petitioner (sic. 2nd respondent) was over-aged as on the date of application for few months, therefore, his application ought not to have been considered. On the other hand, the petitioner is fully qualified for the post and on that ground he challenges the said order.

(2.) Learned Single Judge after considering the matter held that even though the second respondent was over-aged by few months, in view of the fact that he was appointed in 1988 and he was continuously working in the capacity of Medical Officer and also taking into consideration that on earlier occasion he was granted exemption at the time of temporary appointment in 1990, dismissed the said writ petition by orders dated 02-05-2003 against which the present Writ Appeal has been filed.

(3.) Learned counsel for the appellant submits that the order of the learned Single Judge is illegal and contrary to law. Having found that the appellant (sic. and respondent) was over-aged as on the date of application, he ought to have allowed the writ petition filed by the writ petitioner, therefore the order is liable to be set aside.