GAUTAM PRASAD SINGH Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE petitioner is a Corporal in the Indian air Force. The Union Pubic Service commission, 1st respondent herein, issued examination Notice No. 10/2005, dated 07. 05. 2005, for the purpose of recruiting 194 assistant Commandants in the Central Police forces (CPF) viz. , BSF, CRPF, ITBP and ssb (Sashastra Seema Bal ). The recruitment procedure comprised of holding of written, physical and medical tests. The candidates, who are already in service, are also made eligible to submit applications. The required conditions of eligibility and educational qualifications were stipulated. So far as the age limit is concerned, it was mentioned that a candidate must have attained the age of 20 years and must not have crossed 25 years by 01. 08. 2005. However, relaxation of 5 years, 3 years and 5 years respectively was provided in favour of the candidates belonging to S. Cs and S. Ts, O. B. Cs and Central government Servants and Ex-Servicemen.

(2.) THE petitioner submitted his application, through proper channel. He was permitted to take the written test and he was declared qualified therein. At the subsequent stage of selection process, a doubt was entertained by the 1st respondent, about the eligibility of the petitioner, with reference to his age. The petitioner pleaded that he is entitled to be extended the benefit of relaxation of five years and the 1st respondent required the petitioner to file an affidavit, to that effect. The same was complied with. The matter was, thereafter, referred to the Ministry of home Affairs, Union of India, 3rd respondent herein. On a communication received trom the 3ra respondent, the 1 respondent rejected the candidature of the petitioner. Hence, this writ petition.

(3.) ON behalf of respondents 1 and 3, separate counter affidavits are filed. According to them, the notification is clear in its purport, to the effect that the benefit of relaxation of age limit is available to the central Government Servants and the Ex-Servicemen, and that the petitioner does not fall into any of those categories, being a member of Armed Forces i. e. , Indian Air Force.