PREETI WILSON Vs. CANTONMENT BOARD, JABALPUR

JUDGEMENT

(1.) THE petitioner holds a Diploma in General Nursing and Midwifery from the Mahakeshal Nurses Registration, Bhopal. She has also undergone training in General Nursing and Midwifery at Medical Col lege, Jabalpur. The respondents issued an advertisement (Annexure P -4) on 24.5.2002 inviting applications from trained Nurses between the age limit of 18 to 25 years for Motilal Nehru Hospital, Jabalpur Cantonment, to be submitted on or before 1600 Hours on 7th June, 2002. It is not disputed that the name of the petitioner was also forwarded by the Employment Exchange. It is also not disputed that the date of birth of the petitioner is 31.5.1977 as evidenced by her Mark -sheet (Annexure P -3), with the result the petitioner completed the age of 25 years on 31.5.2002.

(2.) THE petitioner was sent offer of appointment vide Annexure P -6 dated 2.7.2002 on the condition that the appointment was subject to her age being below 25 years on the date of her joining the service. However, on realising that she was overage, the offer was withdrawn and cancelled by the impugned order and, therefore, the petitioner has filed the present petition.

(3.) THE respondents have filed a return. The respondents have submitted that in the names forwarded by the Employment Exchange there was over writing in the date of birth of the petitioner which misled the respondents into a belief that her date of birth was 31.8.1977. A copy of the list of candidates forwarded by the Employment Exchange has also been filed as Annexure R -2. The respondents have also referred to rule 5(B)(2) of the Cantonment Fund Servant Rules, 1937, in support of the contention that age is to be seen at the time of appointment and not any time prior thereto and since admittedly the petitioner had crossed the age of 25 years on the date of appointment the respondents had not committed any error in cancelling the appointment of the petitioner.