MD ALI AKBAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant, Md. Ah Akbar, against the judgment and order passed by the learned Single Judge on 23.2.2004 in W.P. No. 1276 (W) of 2004. By the judgment and order impugned under appeal the learned Single Judge dismissed the writ application filed by the present appellant as writ petitioner.

(2.) The factual matrix leading to the instant appeal may briefly be narrated thus. As per the case of the writ petitioner/appellant, Shalimar Works (1980) Ltd. is a public limited company and conducts 4 years' Marine Apprenticeship Course without stipend which is recognized by the Director General of Shipping. The said Shalimar Works (1980) Ltd. is also a marine institution recognized and approved by the Director General of Shipping, Ministry of Shipping, Government of India. The certificate of the said training courses is given by the Director General of Shipping, Ministry of Shipping, Government of India and the selection procedure and the criteria for selection in the said course are governed by the Circular issued from time to time by the Director General of Shipping. The said Shalimar Works 1980 Ltd. by a notice published in the newspaper "The Statesman" dated 29.9.02 invited applications from the prospective candidates for undergoing 4 years Marine Apprenticeship Training without stipend. In the said notice the eligibility criteria for applying the said training course were given as under:- "i) passed (Clause 10 + 2) in Science Stream with minimum 60% marks in Physics, Chemistry and Mathematics for W.B.H.S.C. and 70% marks in the same subjects for other Councils. ii) Age : As on 1.1.2003 the candidate should not exceed 22 years."

(3.) The grievance of the writ petitioner is that in pursuance ofthesaicf advertisement as published in "The Statesman" dated 29.9.2002 the petitioner having fulfilled the aforesaid eligibility criteria applied for undergoing 4 years' Marine Apprenticeship Training without stipend by paying necessary fees in favour of Shalimar Works (1980) Ltd. The petitioner's date of birth is 15.1.1983 and as such on 1.1.2003 the petitioner was below the maximum age limit of 22 years as fixed in the said advertisement. The petitioner was ultimately selected and got admission by Shalimar Works (1980) Ltd. Despite selection of the petitioner and fulfillment of all criteria as per the notice inviting applications published in the newspaper the petitioner's admission to the said course was subsequently cancelled by the Assistant Director General of Shipping by his communication dated 23.5.2003 which is impugned in the writ application.