MOHD. SULTAN TELE Vs. SKIMS

JUDGEMENT

(1.) Vide advertisement notice No. 01/SKIMS-MC of 2007 dated 31.05.2007 of Government SKIMS Medical College-Hospital Bemina Srinagar, invited applications from eligible candidates against various posts which include three posts of Plumbers in the pay scale Rs. 3050-4590. One for O.M, one for RBA and one for SC. The Petitioner responded to the advertisement notice by filing the application on the prescribed form. He was given to understand that he will not be permitted to appear in the interview, because he had crossed the age of 37 years as on 01.01.2007. This situation prompted him to file the instant petition. In the accompanying CMP vide order dated 15.9.2008, Respondents were directed to allow the Petitioner to appear in the interview at his own risk and responsibility and were also directed not to declare the result of the Petitioner, without the permission of this Court. In compliance thereof Petitioner has been permitted to appear in the interview. During the pendence vide order dated 17.10.2008 Respondents were directed to submit the result of the Petitioner in a sealed cover, which has been produced.

(2.) Learned Counsel for the Petitioner would contend that since the Petitioner has been rendering the services of a Plumber with dedication to the satisfaction of the concerned authorities in the Respondent-college right from the year 2000, in the capacity of a Casual Labour. The post was advertised in the year 2007. His candidature for adjustment is open for consideration as the age bar will not operate against him, because in-service candidate must not have crossed 40 years of age as on 01.01.2007.

(3.) Production of result in a sealed cover has been with the object of ascertaining, as to whether the Petitioner had made the grade, otherwise there could be no purpose to pursue the matter in the writ. The perusal of the result as produced would indicate that the Petitioner has made the grade. Now the question of his eligibility has to be determined.