- (1.) The petitioner, a backward class candidate, has prayed for quashing of the letter/order dated 4.1.2007 (Annexure P-4) issued by the Haryana Staff Selection Commission (for short the Commission)-respondent no.3, vide which his application for selection to the post of Mining Officer has been rejected on the ground of his being over-age. He has further prayed that the respondents be directed to consider him eligible for the post in question (as he is entitled to relaxation of 5 years in age).
(2.) The brief facts of the case are that the petitioner is presently working as a Mining Inspector in Mines and Geology Department, at Narnaul and belongs to backward class category. The Commission on 14.9.2006 vide advertisement no.7/2006 advertised one post of Assistant Geologist (for General Category) and three posts of Mining Officer (General=1, SC=1 and ESM=1) respectively for Mines and Geology Department, Haryana. The petitioner is stated to have applied for the abovesaid posts in the General Category and also deposited the fee of Rs.500/-which is meant for General category candidates,through proper channel on 27.9.2006. His application was recommended and forwarded to the Commission vide letter dated 9.10.2006 (Annexure P-1) by the respondent department, after considering him eligible with respect to age and qualification etc. The date of birth of the petitioner is 3.3.1965. it is stated that in the advertisement it was clearly mentioned that the candidates between the age of 21-40 years shall be eligible. Petitioner's application for the post of Mining Officer was rejected by the Commission vide letter dated 4.1.2007 (Annexure P-4) on the ground of his being over-age (i.e. 41 years 7 months approximately) on the cut off date i.e. 13.10/2006. Hence this writ petition.
(3.) Vide order dated 1.2.2007, at the time of issuing notice of motion, the following contention of the learned counsel for the petitioner was noted: "The petitioner had applied for the post of Assistant Geologist and Mining Officer in pursuance to advertisement dated 14.9.2006. The application of the petitioner was rejected on the ground that he was overage as the maximum age limit for the post was 40 years. Counsel for the petitioner contends that as per Rule 3.6 (b) of the Haryana Civil Services Rules which is reproduced as under: "(b) The age limit of 40(Forty) years shall be extended by five years in the case of Scheduled Castes/Scheduled Tribes and Backward Classes for appointment to Gazetted as well as non- Gazetted services or posts..." the petitioner was entitled to relaxation of five years as he belongs to Backward Class.";