UNION PUBLIC SERVICE COMMISSION Vs. JAI DEV WIG

JUDGEMENT

(1.) IS the action of the Union Public Service Commission in granting the benefit of relaxation of age to the extent of five years to those working in Government hospitals and denying it to the members of the Faculty of the Post-Graduate Institute of Medical Education and Research, Chandigarh, violative of Articles 14 and 16 of the Constitution? This is the short question that arises for consideration in this writ petition. The Central Administrative Tribunal having answered the question in the affirmative, the Commission has approached this Court through this petition under Article 226 of the Constitution. A few facts may be noticed.

(2.) THE Union Public Service Commission advertised certain posts including that of Professor of General Surgery at the Government Medical College, Chandigarh. Besides academic qualifications etc. , an age limit of 50 years was laid down. It was further provided that relaxation in age is permissible up to 55 years in the case of persons working in Government Medical Colleges.

(3.) THE respondent Dr. Jai Dev Wig is working as an Additional Professor in the Department of Surgery at the Post-Graduate Institute of Medical Education and Research, Chandigarh. Having been born on May 22, 1945, he was over 50 years of age on January 2, 1997 which was the last date for the submission of the applications. Thus, his application was not accepted by the Commission. Aggrieved by the action, he approached the Central Administrative Tribunal with the grievance that the action of the Commission in restricting the benefit of relaxation of age to those working in Government Medical Colleges and denying it to the members of the Faculty of the PGI was arbitrary and, thus, violative of Article 14 of the Constitution.