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2013 (7) TMI 503 - HC - Central ExciseCut-off date – Recruitment for the post of Member, Central Board of Excise and Customs (CBEC) – On November 16, 2012 a further circular was issued by the respondent for one post of Member, CBEC which is to fall vacant on December 31, 2012 - Held that:- As per the case of Bhupinderpal Singh v. State of Punjab [2000 (5) TMI 1041 - SUPREME COURT],” that 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 and if there be no cut off date appointed by the rules then such date as may be appointed for the purpose in the advertisement calling for applications and that if there be no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications have to be received by the competent authority.” Also, as per M.A. Murthy v. State of Karnataka[2003 (9) TMI 76 - SUPREME Court], “candidate who does not possess driving licence on the last date fixed for submission of the application is not eligible to be considered for selection." The prescription of April 01 of the panel year i.e. 2012, as the date on which a Chief Commissioner should meet the eligibility criteria of one year service has not caused any prejudice to the petitioner inasmuch as the petitioner did not have one year service on the date by which the applications were received i.e. November 30, 2011 and also on April 01, 2012 which is a date beyond November 30, 2011. Hence the preparation of panel by the Committee of Secretaries without considering the name of the petitioner cannot be faulted. The Committee of Secretaries has prepared the panel of three officers who have been appointed as Members of CBEC on varying dates, the last one being on September 03, 2012 (respondent No.5) which is a date before September 09, 2012 the earliest date when petitioner had fulfilled the requirement of one year service. On this ground also, the panel having been exhausted by appointing respondent No.5 on September 03, 2012, the appointment of respondent No.5 cannot be said to be illegal - All officers who applied pursuant to the circular dated November 16, 2012 would be considered for being appointed as a Member CBEC.
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