AJAY KUMAR YADAV Vs. HARYANA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HARYANA Public Service Commission issued an advertisement, Annexure P -1, for recruitment to the post of Fisheries Officer/Distt. Fisheries Officer -cum -Chief Executive Officer etc. In all 3 posts were advertised, one of which is reserved for physically handicapped (blind). The closing date of this advertisement was 27.2.2009, which in case of applicants from Forward Remote Areas i.e. States/Union Territories of North -East Region, Lakshadweep, Andaman and Nicobar Island etc. was 6.3.2009. The eligible age for apply as given in the advertisement was between 17 to 40 years as on 27.2.2009. In the advertisement itself it was also mentioned that it shall be 45 years for Scheduled Castes/Tribes, Backward Classes of Haryana only.

(2.) THE petitioner being eligible applied for the post meant for reserved category of backward class. The petitioner, however, was informed through communication dated 24.4.2009 that he was disqualified on the ground that he was over 40 years of age. The petitioner was also informed that the age in his case could not be relaxed as per the Government instructions dated 22.7.1997. The petitioner represented against this order rejecting his candidature on the ground of age. The petitioner pleaded that he was entitled to be called for interview as age in his case was relaxable up to 45 years, he being a backward class category candidate in terms of the conditions contained in the advertisement, Annexure P -1.

(3.) MR . Mehtani, counsel for the Commission would rely upon the instructions, Annexure P -4, attached with the petition. Instructions, Annexure P -4 have been issued while amending the department's instructions issued on 25.3.1975, to provide that if any member/members belonging to Scheduled casts/Backward Classes is/are selected in the open competition for direct recruitment on the basis of their own merit they will not be counted against the quota reserved for Scheduled Castes/Backward Classes and that they will be treated as open competition candidates. It is further mentioned that such candidate should fulfill conditions of eligibility regarding age etc. as are meant for general category candidates. No doubt these instructions would give an indication that a candidate belonging to reserved category when are to compete in an open competition, the age which is meant for open category candidate will be applicable to him as well to see his eligibility. These instructions apparently are applicable in those cases where candidates belonging to S.C. and B.C. are selected on the basis of their merit and not by virtue they being for reserved category. These instructions apparently were given go bye in the advertisement, Annexure P -1. The Commission was fully conscious of this fact that there was no reservation made for Backward Classes/Scheduled Castes or Scheduled Tribes. The reservation in the advertisement was only for physically handicapped category. Still no age relaxation was provided for physically handicapped category. Rather age relaxation apparently has been provided for in the case of Scheduled Castes/Scheduled Tribes and Backward Classes of Haryana only. The advertisement is indicative of the fact that though scheduled castes/scheduled tribes or backward classes candidates would compete in the open general category but would have the relaxation of age by 5 years. They would thus be considered eligible upto the age of 45 years. There was no other purpose for prescribing this as a condition in the advertisement.