MANOJ RAJAN Vs. STATE OF HP

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner in this petition has challenged the decision of the Authorities to exclude him from consideration on account of being over-aged. As per the eligibility criteria, the candidate must have attained the age of 21 years and must not have attained the age of 35 years on 1st January, 2013. The exception to that Rule can be discerned from Clause 7.3 of the advertisement. Clause 7.3.2 provides for relaxation of age by five years for candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes/Persons with disabilities and Children/Grand Children of Freedom Fighters of Himachal Pradesh as declared by the Government from time to time. The relaxation is also available to Ex-servicemen candidates of Himachal Pradesh. Clause 7.3.3, on which emphasis has been placed by the petitioner, provides for relaxation of age in respect of Government servant, who is holding substantive/officiating/contractual/Adhoc appointment in Himachal Pradesh Government or in High Court or any Court subordinate thereto and employees of the Public Sector Undertakings/Corporations/substantially owned or controlled by the Himachal Pradesh Government. In respect of such candidates, the age specified is not having attained the age of 42 years on the first day of January of the year.

(3.) COUNSEL for the respondent-Commission has relied on the unreported decision of the Apex Court in the case of Rajendra Kumar Bhati and others vs. Union P.S.C. & another1, which rejected somewhat similar argument, as it would result in interfering with the policy of the Government.