Savitri Kumari vs Lady Harding Medical Collegeb

L. Narasimha Reddy, J

The respondents issued an advertisement in December, 2007 inviting applications for appointment to the post of Lab Technician. The educational qualifications for the post as well as age limits were mentioned. The candidates between the age group of 20 to 28 years were made eligible to apply. Relaxation of three years in the maximum age limit is provided in favour of OBC candidates.

The applicant who is an OBC candidate responded to the advertisement. It is stated that she was called for interview, and despite that she was not selected. Therefore, she submitted an application under Right to Information Act, seeking the reasons for her non selection. Through an order dated 14.06.2013, the respondents informed the applicant that her candidature was not considered on account of the fact that she crossed the age of 31 years as on the closing date of application. The same is challenged in this OA.

The applicant contends that neither in the Recruitment Rules, nor in the advertisement, any date with reference to which the age is to be reckoned was mentioned, and that the respondents ought to have selected her.

The respondents filed a counter affidavit opposing the OA. According to them, the relaxation to the extent of three years was extended to the applicant and despite that she was over aged by 11 months.

We heard Shri Sourabh Munjal, learned counsel for the applicant and Dr. Ch. Shamsuddin Khan, learned counsel for the respondents.

The applicant responded to the advertisement issued for selection of the candidates for appointment to the post of Lab Technician. The maximum age limit stipulated for unreserved candidates is 28 years, and relaxation to the extent of three years is provided in favour of OBC candidates. The Date of Birth of the applicant is 13.02.1976. The last date for submission of the application is 07.01.2008. By that date, the applicant crossed the age of 31 years.

The question as to how the age of a candidate is to be reckoned in the context of appointment to public offices was dealt with by Hon'ble Supreme Court in Shankar K. Mandal and Ors. vs. State of Bihar and Ors., AIR 2003 SC 4043. It was held as under:-

"(1) The cut off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules;

(2) If there is no cut off date appointed by the rules then such date shall be as appointed for the purpose in the advertisement calling for applications; and

(3) If there is no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications were to be received by the competent authority."

In the instant case the Recruitment Rules as well as the advertisement are silent about the date with reference to the age limit for appointment is to be decided. Therefore, one has to fall back upon the last date of submission of the application. Admittedly, the applicant crossed the age of 31 years by 07.01.2008. Therefore, no exception can be taken to the non selection of the applicant.

The OA is accordingly dismissed. There shall be no order as to costs.