TSHERING SAMDUP BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The present writ petition has been filed by four petitioners. All of them were aspiring to join the Sikkim State Sub-ordinate Fisheries Service as Fisheries Block Officer.

(2.) On 1/5/2008 the Government of Sikkim framed and notified the Sikkim State Subordinate Fisheries Service Rules, 2008 (Fisheries Rules, 2008). It came into force on 3/5/2008 on which date the Fisheries Rules, 2008 was published in the official gazette.

(3.) The controversy in the present case relates to the eligibility condition for the Fisheries Block Officer. In the Fisheries Rules, 2008 the eligibility condition provided that, insofar as the age is concerned, the incumbent should have been of the age between 18 years to 30 years. However, for Scheduled Caste (SC) and Scheduled Tribe (ST) candidates their age was relaxable by five years. In case of most backward classes (MBC) and Other Backward Classes (OBC) candidates the age was relaxable by 3 years. The petitioner nos. 1 and 2 were ST candidates and petitioner nos. 3 and 4 were OBC candidates.