LAWS(MPH)-2006-10-48

KENDRIYA VIDYALAYA SANGATHAN Vs. SAJAL KUMAR ROY

Decided On October 19, 2006
KENDRIYA VIDYALAYA SANGATHAN Appellant
V/S
SAJAL KUMAR ROY Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) APPELLANT before us is a society registered under the Societies Registration Act. It runs a chain of schools known as Kendriya Vidyalayas all over the country. An advertisement was issued in respect of eight vacancies which arose in the cadre of Lower Division Clerk (LDC) in the Silchar region. Respondent applied for recruitment to the said post pursuant to or in furtherance of the said advertisement. Written and typing tests were held. As per Kendriya Vidyalaya Sangathan (Appointment, Promotion, Seniority) Rules, 1971 (for short, 'the Rules'), the age limit prescribed therefor was 18 -25 years as on 30.6.1994, which was, however, relaxable. Respondents are said to be near relatives of the employees of the Kendriya Vidyalaya Sangathan Regional Office, Silchar. The candidates who were over -aged were also permitted to appear at the examination in contravention of the Rules. Certain irregularities were also committed in the matter of conducting typing test. Higher authorities of the school were moved for cancellation of the recruitment of the LDCs.

(3.) IT is not in dispute before us that respondents were over -aged on the relevant date. The particulars of respondents, who had filed applications pursuant to the said advertisement, are as under: