TMI Blog1994 (5) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... only one written examination which used to be normally after the 1st August. The Commission, however, felt the necessity of holding a preliminary examination which normally takes place before 1st day of August. Even so, the eligibility of the applicant, regarding satisfaction of the age requirement continued to be ascertained with reference to his age as on 1st August of the concerned year. 2. The aforesaid cut off date came to be challenged before various Central Administrative Tribunals, one of which is Central Administrative Tribunal at Allahabad. The Tribunal in its earlier decisions rendered, inter alia, in OA No. 778/91 and 881/91 on 19.9.91 did not find anything arbitrary in taking 1st August as the cut off date despite holding o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it has freed men from unlimited discretion of some ruler, some official, some bureaucrat . Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other invention. 3-A. Insofar as fixation of cut off date is concerned, the same can be regarded arbitrary by a Court if the same be one about which it can be said that it has been picked out from hat , as was found to be by this Court in Dr. Nim v. CS Prasad (1968) I LLJ 264 SC , because of which fixation of 19.5.91 as the date for the concerned purpose was held to be invalid. 4. As to when choice of a cut off date can be interfered was opined by Holmes, J. in Louisville Fas E.Co. v. Coleman [1927] 277 US 32 by stating that if the fixation be v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h accommodations, illogical, it may be, and unscientific. But even such criticism should not be hastily expressed. What is best is not always discernible, the wisdom of any choice may be disputed or condemned. Mere errors of Government are not subject to our judicial review. It is only its palpably exercises which can be declared void.... The aforesaid was noted by this Court in Sushma Sharma v. State of Rajasthan, 1985 Supp SCC 45: 1985 SCC (L S) 565: AIR 1985 SC 1367, in which case also reasonability of fixation of a date for a particular purpose had come up for examination. 7. Having known the legal parameters within which we have to function, let it be seen whether fixation of 1st August as cut off date for determining the eligibi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regulations, 1955 or Rule 6(a) of Civil Services Examination Rules 1992. According to us, this is so elementary a point that an adjudicatory body like the CAT could not have, in any case was not expected to have, made the mistake of relying on the same as it runs counter to the aforesaid statutory provisions. This is not all. The aforesaid Office Memorandum came to be explained or modified by another Office Memorandum of 14.7.88, which has made it clear that insofar as civil service examinations are concerned, it is the later date which is crucial in between two dates, namely, 1st January and 1st August. So, no reliance could have been, in any case, placed on what had been stated in this regard in the Office Memorandum of 4.9.79. 9. Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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