VEENA AMBEDKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present Letters Patent Appeal has been filed on being unsuccessful in her attempt to assail the conditions fixing the cut-off dates in the advertisement (Annexure P-1) in Clause 3 (b) (born between 2 Sept. , 70 to 1 Sept. , 75) for AEC, ASC (Food Scientist), EME (MSc and MCA), INT (For Post Graduate Qualification), the writ petition has been dismissed vide the order dated 28-2-2001 [2001 (2) M. P. H. T. 336].

(2.) AN advertisement (Annexure P-1) was issued inviting applications from unmarried female or issueless widow/divorcee candidates for grant of Commission in the Indian Army. The petitioner had submitted an application on 14th January, 1997 for undergoing Women Special Entry Scheme (Officers) Eleventh WSES (O) Course (Sept. , 97 ). The petitioner claims herself to be a daughter of an Ex-Army Officer and belongs to the Scheduled Caste. Her application was rejected on the ground of her being over-aged. The petitioner alleged that fixing the age as 21 to 27 years (born between 2 Sept. , 70 to 1 Sept. , 76) is an arbitrary act as the alleged condition could be judged with reference to the date for submitting the application and not a date afterwards. Her case is that she was not over-aged on the date when she had submitted her application in the month of January, 1997. Thus the condition of having been born between 2 Sept. , 70 to 1 Sept. , 76 is bad in law and be set aside. It was also set up by the petitioner in the writ petition that being a Scheduled Caste candidate, she was entitled for relaxation in the eligibility criteria fixed as to the age. Thus, rejection of her application was bad in law.

(3.) THE claim of the petitioner has been disputed by the respondents. It is contended that petitioner is over-aged by 2 1/2 months and her application has rightly been rejected and relaxation provision with respect to the age is not applicable to the defence services. Relaxation and concession for S. C. and S. T. (Annexure P-5) is to the Civilian to the Defence services.