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1997 (7) TMI 674 - SUPREME COURT OF INDIA

1997 (7) TMI 674 - SUPREME COURT OF INDIA - 997 AIR 2964, 1997 (1) Suppl. SCR 543, 1997 (6) SCC 614, 1997 (6) JT 72, 1997 (4) SCALE 440 - C.A. 2691 of 1991 - Dated:- 8-7-1997 - Manohar Sujata V., Khare, V.N., JJ. JUDGMENT MRS. Sujata V. Manohar, J. Leave granted. In all these appeals the common question which arises for consideration is whether a Rule-making Authority can fix a cut off date with reference to the calender year for determining the maximum age of a candidate who is to be considered .....

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te Service Rules. 1971. All these Rules provide that the cut off date for deciding the maximum age prescribed for a candidate for appointment will be the 1st day of January following the date of application. The affected candidates who are before us contend that such a cut off date which is uniformly fixed under all the Service Rules of the State of Rajasthan, is arbitrary or unreasonable and must be struck down. For the sake of convenience we are citing Rule 11(1) of the Rajasthan Medical Servi .....

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ndidate who was 2nd in the order of merit for that particular selection. Rule 11(1) provides as follows:- "11(1):- A candidate for direct recruitment to a junior post enumerated in Part C of the Schedule must not have attained the age of 35 years on the first day of January following the last date fixed for receipt of applications. Provided: (1) That the upper age limit mentioned in sub-rule (1) and (2) above, may be relaxed by 5 years in exceptional cases by Government in consultation with .....

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question. It is submitted before us that the date of 1st of January has no nexus with the application in question and, therefore, must be struck down. This contention, in our view, is not sustainable. In the first place the fixing of a cut off date for determining the maximum of minimum of minimum age prescribed for a post of not, per se, arbitrary. Basically, the fixing of a cut off date for determining the maximum or minimum age required for a post, is in the discretion of the Rule-making Aut .....

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ly unreasonable. This view was expressed by this court i n Union of India and another etc. V. M/s. Parameswaran Match Works etc. (AIR 1974 S.C. 2349) and has been reiterated in subsequent cases. In the cases of A.P. Public Service Commission, Hyderabad and another v. . Sharat Chandra and Ors. (1990 2 SCC 669) the relevant service rule stipulated that the candidate should not have completed the age of 26 years on the 1st day of July of the year in which the selection is made. Such a cut off date .....

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for no fault of theirs. The date to attain the minimum or maximum age must, therefore, be specific and determinate as on a particular date for candidates to appl and for the recruiting agency to scrutinise the applications". This Court, therefore, held that in order to avoid uncertainly in respect of minimum or maximum age of a candidate. Which may arise if such an age is linked to the process of selection which may taken an uncertain time, it is desirable that such a cut off date should be .....

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n was also introduced. Yet the cut off date was not modified. The Tribunal held that after the introduction of the preliminary examination the cut off date had become arbitrary. Negativing this view of the Tribunal and allowing the appeal. This Court Cited with approval the decision of this Court in Parmeshwar Match Works case (supra) and said that fixing of the cut off date can be considered as arbitrary only if it can be looked upon as so capricious or whimsical as to invite judicial interfere .....

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ts for recruitment, a uniform cut off date has been fixed in respect of all such advertisements as 1st January of the year following. This is to make for certainty. Such a uniform date prescribed under all service Rules and Regulations makes it easier for the prospective candidates to understand their eligibility for applying for the post in question. Such a date is not so wide off the mark as to be construed as grossly unreasonable or arbitrary. The time gap between the advertisement and the cu .....

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Undoubtedly, this can be a possible cut off date. But there is no basis for urging that this is the only reasonable cut off date. Even such a date is liable to question in given circumstances. In the first place, making a cut off date dependent on the last date for receiving applications, makes it more subject to vagaries of the department concerned, making it dependant on the date when each department issues an advertisement, and the date which each department concerned fixes as the last date f .....

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d later cases that the cut off date is valid unless it is so capricious or whimsical as to be wholly unreasonable. To say that the only cut off date can be the last date for receiving applications, appears to be without any basis. In our view the cut off date which is fixed in the present case with reference to the beginning of the Calendar year following the date of application, cannot be considered as capricious or unreasonable. On the contrary, it is less prone to vagaries and is less uncerta .....

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ed rule 8(A) the appointing authority shall determine on 1st April every year the actual number of vacancies occurring during the financial year. He contended that in the light of this rule all vacancies must be advertised soon after they are determined. In the case in question, the vacancy had occurred in September, 1987. It was, however, advertised only in January, 1988. Dr. Rajeev Mathur became over aged on 1st of January of the following year. It was submitted that had the vacancy been adver .....

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wing January cannot be considered as unreasonable. Rule 8(a) is merely for the purpose of determining the actual number of vacancies occurring during the financial year. It does not cast any obligation on the appointing authority to issue an advertisement within any specific time for recruitment to such a vacancy. so long as such an advertisement is issued within a reasonable time, and there is no mala fide delay, the action of the appointing authority in issuing the advertisement cannot be chal .....

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in exceptional cases where the Government is satisfied that it is necessary, inter alia, to relax any provision of these Rules with respect to age or experience of any person and this can be done with the concurrence of the Department of Personnel and Administrative Reforms and in consultation with the Rajasthan Public Service Commission. It is urged that in the case of all those persons who are adversely affected because the advertisement for recruitment is issued later than the occurrence of .....

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ant would be within the maximum age on the 1st of January of the following year, then such a candidate will be considered as eligible even if the advertisement is issued not n April of that year but say February of the following year. All the candidates will get age relaxation of one year. In our view this kind of an interpretation cannot be given to a rule for relaxation of age. The power of relaxation is required to be exercised in public interest in a given case; as for example, if other suit .....

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a fides in connection with any delay in issuing an advertisement. This kind of power of wholesale relaxation would make for total uncertainty in determining the maximum age of a candidate. It might be unfair to be large number of candidates who might be similarly situated, but who may not apply, thinking that they are age barred. We fail to see how the power of relaxation can be exercised in the manner contended. In the premises we do not see any reason to set aside the cut off date fixed by the .....

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Bench of the Rajasthan High Court in the case of Surinder Singh v. The State of Rajasthan (1995 1 WLR 197). The Full Bench of the Rajasthan High Court overruled the earlier judgments of the two Division Benches of the Rajasthan High Court and upheld the relevant service Rules. We agree with the reasoning and conclusion of the Full Bench of the Rajasthan High Court. It was, however, pointed out to us by the third respondent (Dr. Rajeev Mathur) in C.A. No. 2691/1991 that from the decision of the D .....

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Dr. Mathur that in view of the dismissal of the Special Leave Petition filed by the Rajasthan Public Service Commission, the decision of the Division Bench of the Rajasthan High Court in the case of Dr. Rajeev Mathur v. The State of Rajasthan has become final and cannot be set aside. Hence the appointment of Dr. Rajeev Mathur cannot now be challenged. Dr. Rajeev Mathur was over age on the 1st of January of the year following the dated of application. And his application was rejected by the Rajas .....

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an Public Service Commission as well as by the State. But in view of his being interviewed, his case was considered and he was selected. His position was 1st in the merit list. The High Court has directed that he should be appointed. Does the dismissal of special leave petition filed by the Rajasthan Public Service Commission against this decision make this decision final as far as Dr. Mathur is concerned ? In order dismissing the special leave petition this Court has left the question of law op .....

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