- (1.) Leave granted.
(2.) Appellant before us is a society registered under the Societies Registration Act. It runs a chain of schools known as Kendriya Vidyalayas all over the country. An advertisement was issued in respect of eight vacancies which arose in the cadre of Lower Division Clerk (LDC) in the Silchar region. Respondent applied for recruitment to the said post pursuant to or in furtherance of the said advertisement. Written and typing tests were held. As per Kendriya Vidyalaya Sangathan (Appointment, Promotion, Seniority) Rules, 1971 (for short, 'the Rules), the age limit prescribed therefor was 18-25 years as on 30.6.1994, which was, however, relaxable. Respondents are said to be near relatives of the employees of the Kendriya Vidyalaya Sangathan Regional Office, Silchar. The candidates who were over-aged were also permitted to appear at the examination in contravention of the Rules. Certain irregularities were also committed in the matter of conducting typing test. Higher authorities of the school were moved for cancellation of the recruitment of the LDCs.
(3.) An Original Application was filed by Respondents before the Central Administrative Tribunal, Gauhati Bench, praying for a direction upon Appellants to relax the age of the candidates. By an order dated 15.3.2001, the Tribunal directed Appellants to do so. Aggrieved by and dissatisfied therewith, a writ petition was filed by Appellants before the Gauhati High Court. By reason of the impugned judgment, the High Court directed : "In the facts and circumstances aforesaid, we hold that direction, as issued by the Tribunal, could not have been given for appointment of the private respondents, until and unless the Appointing Authority exercises the power of relaxation of age limit. In view of the above, we direct the Appointing Authority to consider the case of respondents herein, for relaxation of the age limit within a period of 3 (three) months from the placement of a certified copy of this order before the Appointing Authority, and on relaxation of the age limit, include their names in the select list and thereafter issue appointment orders to them, in accordance with law on the basis of the merit of the candidate.";