S. Rafat Alam, J. - (1.) IN the instant petition the sole petitioner has come up for quashing of the order of Public Service Commission, Allahabad dated 05.11.2007 intimating that his form and fee for appearing in the test for appointment to the post of Assistant Prosecution Officer is rejected on the ground that he was overage.
(2.) LEARNED counsel for the petitioner vehemently contended that since he was born on 01.07.1966, he would complete 40 years of age on 01.07.2006, therefore, was not overage, and, rejection of his application form is wrong. We do not find any force in the submission for the reason that under the Rules the maximum age for appointment in the State Government Services is 35 years for general category candidates. The cut-off date is 01.07.2006. Relaxation by 5 years is admissible to the candidates belonging to reserve category i.e. S.C., S.T. and O.B.C. Since the petitioner belongs to O.B.C. category, therefore, even if benefit of 5 years is given to him he was overage by one day on 01.07.2006. A person complete the year on the day proceeding his date of birth. In the present case, the date of birth of the petitioner being 01.07.1966, he completed 35+5 years i.e. 40 years of age on 30.06.2006. The submission that he would complete 40 years of age on 01.07.2006 is incorrect and based on misconception. In Halsbury's Laws of England, 3rd Edition, Vol. 37, para 178 at page 100 the law on the subject has been stated as under:- "In computing a period of time, at any rate when counted in years or months no regard is, as a general rule, paid to fractions of a day, in the sense that the period is recorded as complete although it is short to the extent of a fraction of a day----------- similar, in calculating a person's age the day of his birth counts as a whole day, and he attains a specified age on the day next before the anniversary of his birthday."
(3.) THE issue was considered in an English decision. In Re Shurey Savory Vs. Shurey [LR(1918) 1 Ch. 263] where the question came up for consideration was: does a person attain a specified age in law on the anniversary of his or her birthday or on the day preceding that anniversary. It was held that law does not take cognizance of part of a day and the consequence is that person attains required age on the day preceding the anniversary of his birthday. THE same view is taken in another English case in Rex Vs. Scoffin [LR (1930) 1 KB 741]. Probably the legislature recognizing the aforesaid principle expressly provided in section 4 of the Indian Majority Act, 1875 criteria for computation of age of majority. Section 4 of the Act of 1875 reads as under:- 4. Age of majority how compute:-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 Section 3, at the beginning of the twenty-first anniversary of that day, and if he falls within the second paragraph of Section 3, at the beginning of eighteenth anniversary of that day.;