TMI Blog1986 (8) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... for direct recruitment to the Rajasthan Administrative Service under r. l l-B of the Rajasthan State Subordinate Service (Direct Recruitment by Competitive Examination) Rules, 1962 (for short 'the Rules'). Put very briefly, the essential facts are these. The Rajasthan Public Service Commission invited applications for direct recruitment to the Rajasthan Administrative Service and allied services of the Government of Rajasthan by a competitive examination to be held in 1983. Under the directions issued by the Commission, the minimum age prescribed for candidates was 21 years and the maximum 28 years. It was prescribed that the candidate should have attained the age of 21 years on January 1, 1984 and should not have attained the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the candidature of the appellant on the ground that he had attained the age of 28 years on January 1, 1984 and therefore was not eligible for consideration. On appeal, a Division Bench disagreed with the view expressed by the learned Single Judge and reversed his judgment on the ground that the words used in r. 11-B of the Rules are, 'must not have attained the age of 28 years on the first day of January next following the last date fixed for receipt of application' and not that he should have completed the age of 28 years on that day. They relied upon the undisputed fact that the first day of January next following the last A date fixed for receipt of application in this case was January l, 1984. Accordingly, they held that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dian Majority Act, 1875 for the purpose-of interpreting r. 11-B. It is said that the purpose of r. 11-B framed by the Government was to prescribe the maximum and minimum age limits for entry into the Rajasthan Administrative Service and allied services of the Government of Rajasthan. It is submitted that as commonly understood, a person attains a particular age after he has completed a given number of years. It is said that there is no reason why the words of r. 11-B 'must have attained the age of 21 years and must not have attained the age of 28 years' should not be understood in the ordinary sense. At first blush, the contention advanced appears to be rather attractive but on deeper consideration it cannot prevail. Learned coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Age limit: (ka) The candidate should have attained the age of 21 years on 1st August. 1985. hut should not have attained the age of 26 years, that is, he should not have born before the 2nd August, 1959 and after the 1st August, 1964, We are afraid, the interpretation of r. I l-B of the Rules cannot proceed upon the basis adopted by the Union Public Service Commission. Rule 11-B of the Rules provides: 11-B. Age. Notwithstanding anything contained regarding age limit in any of the service Rules governing through the A agency of the Commission to the posts in the State Service and in the Subordinate Service mentioned in Schedule I and in Schedule II respectively, a candidate for direct recruitment to the posts to be fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es at 12 o'clock midnight and continues until the same hour the following night. There is a popular misconception that a person does attain a particular age unless and until he has completed a given number of years. In the absence of any express provision, it is well-settled that any specified age in law is to be computed as having been attained on the day preceding the anniversary of the birth day. In Halsbury's Laws of England. 3rd edn., vol. 37, para 178 at p. 100, the law was stated thus: In computing a period of time, at any rate, when counted in years or months, no regard is generally paid to fractions of a day, in the sense that the period is regarded as complete although it is short to the extent of a fraction of a d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1969 has abrogated the old common law rule stated in Re. Shurey, Savory v.Shurey (supra). It is in recognition of the difference between how a person's age is legally construed how it is understood in common parlance. The Legislature has expressly provided in s. 4 of the Indian Majority Act, 1875 that how the age of majority is to be computed. It reads: 4. Age of majority how computed- In computing the age of any person, the day on which he was born is to be included as a whole day, and he shall be deemed to have attained majority, if he falls within the first paragraph of s. 3, at the beginning of the twenty-first an- niversary of that day, and if he falls within the second A paragraph of s. 3, at the beginning of the 18th a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
