C.K. Prasad, C.J. and A.P. Sahi, J. - (1.) WRIT petitioner -appellant, aggrieved by the order dated 28.5.2009 passed by learned Single Judge in Writ Petition No. 27953 of 2009, has preferred this appeal under Rule 5 of Chapter VIII of The Allahabad High Court Rules, 1952. Short facts giving rise to the present appeal are that an advertisement was published inviting applications for admission to the B.T.C. course, 2004. According to the advertisement, the last date for filing up the application form was 10.10.2004. The relevant Government Order further provides that a candidate should not be less than 19 years of age on the first day of July in which the course is to commence. Therefore, as the course pertains to B.T.C. examination, 2004, on 1.7.2004 a candidate was required to be not less than 19 years of age Writ petitioner -appellant's date of birth is 2.8.1985 and, thus on 1.7.2004, he was less than 19 years of age. Although writ petitioner -appellant was accorded admission but later on it was found that he is not eligible and, accordingly, his admission was cancelled. He unsuccessfully challenged the same in the writ petition which has been dismissed by the impugned order.
(2.) MR . Arvind Kumar Trivedi, appearing on behalf of the appellant, submits that the last date of filing of the application was 10.10.2004 and admittedly on the said date, writ petitioner -appellant had crossed the age of 19 years and hence cancellation of his admission on the ground that he is ineligible, is erroneous. In support of his submission, he has placed reliance on a Division Bench judgment of this Court in the case of Ashok Kumar Sonkar (Dr.) v. Union of India and others : (2006) 3 UPLBEC 2255 and our attention has been drawn to paragraph No. 9 of the judgment which reads as follows: - - 9. In view of the aforesaid decision it is settled that the eligibility of the candidate has to be judged with reference to the date prescribed as the last date for filing the applications and not any other date. Mr. Pipersenia appears on behalf of the State and submits that the Government Order providing for admission in B.T.C. course itself has prescribed that age shall be reckoned with reference to 1st of July of the year in which the course is to commence and hence the eligibility has to be determined with a reference to that date. Having appreciated the rival submissions, we do not find any substance in the submission of Mr. Trivedi and the decision relied on by him is clearly distinguishable.
(3.) UNDISPUTEDLY , the Government Order contemplating the B.T.C. course, 2004 specially provides that a candidate should not be less than 19 years on 1st July of the year in which the course is to be commence. The B.T.C. course was to commence in the year 2004 and hence the eligibility criteria pertaining to the age of a candidate has to be determined with reference to 1.7.2004. Admittedly, on 1.7.2004, the writ petitioner -appellant had not attained the age of 19 years and, therefore, was ineligible for admission.;