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Judgment
Kurian Joseph,
Writ petition is filed mainly with the following prayer: (a) That the respondents may be directed to reexamine selection/appointment of the firemen in the general section of general category under which the petitioner has applied and appointment may be given to the petitioner from the date 17.12.2009 to the petitioner as a fireman for which he deserves in place of the person who has been appointed/included illegally in place of the petitioner.
In the reply at paragraphs 4 and 5, it is stated as follows:
The contents of this para of the petition are admitted to the extent that in response to the advertisement to the post of Fireman to be filled up on batch wise basis, the petitioner has applied for the same. As per directions given to the candidates in the advertisement, he appeared along with other candidates on 14.9.2009 and participated in the selection process for these posts.
The contents of this para of the petition are denied. He has never been informed that he had been selected. As a part of selection process his chest and height measurement were taken and his weight was recorded and all the documents submitted by him were examined. During examination of the documents it was revealed that his date of birth is 1.1.1964 and thus he has completed 45 years of age on 31.12.2008 and as on 1.1.2009 which was fixed as cut of date for the selection of Fireman, he has become overage by one day. The candidates for this post was required to be between the age of 18 to 45 years as on 1.1.2009. In view this, he was declared ineligible by the selection committee.
There is no rejoinder. In case the petitioner has any dispute with regard to the factual position, as stated above, it will be open to the petitioner to make an appropriate representation before the third respondent, in which case the matter will be duly considered by the third respondent and appropriate action will be taken, in accordance with law, after affording an opportunity for hearing to the petitioner, within another four months. With the aforesaid observations, the writ petition stands disposed of, so also the pending application(s), if any.