A. S. Bains, J. - (1.) The Subordinate Services Selection Board, Haryana (hereinafter called the'Board') advertised four posts of Forest Rangers, which was in the following terms - "Invite applications on the prescribed form priced at Re. I for the under-mentioned posts of Forest Rangers to reach not later than 7-7-1977. 4 Forest Rangers Stipendary) for Forest Department, Haryana to be deputed for training at the Northern Zone Forest Rangers College, Dehradun. One post is reserved for Ex Servicemen/ released commissioned officers and one for the candidates of S. C. of Haryana. If suitable candidates from Ex-Servicemen/ released commissioned officers/S Cs are not available, the post reserved for them can be filled in from general candidates. Qualifications : xx xx xx Physical standard : xx xx xx Age Limit:- Lower and upper age limit on 1-3-1978 is 18-24 years. Age is relaxable by 5 years for Scheduled Castes/Tribes and Backward Classes of Haryana and Scheduled Castes of other States recognised as such by Haryana Government. For Ex-Servicemen the upper age limit is relaxable to the extent of his military service added by three years provided he produces a certificate from the competent authority that he had rendered continuous military service for a period not less than six months before his release and further provided that he had been released otherwise than by way of dismissal or discharge on account of mis-conduct and inefficiency. The maximum age limit shall, however, not exceed 37 years in such cases. Qualifying Examination xxx xxx xxx " From the reading of this advertisement it is plain that the lower age limit was 18 years and the upper age limit was 24 years and the upper age limit was relaxable by 5 years for Scheduled Castes/Tribes and Backward Classes of Haryana and Scheduled Castes of other States recognised as such by the Haryana Government.
(2.) The petitioner belongs to the economically backward class as his family income was less than Rs. 1,000 per annum. In pursuance of the above said advertisement, the petitioner made an application for the post of Forest Ranger before the Board. He vas selected by the Board and was placed at Serial No. 2 in the order of merit. In spite of this, the petitioner was not appointed, but the three candidates out of the merit list out of whom two were lower in the merit list than the petitioner, viz., Ora Parkash Sharma and Baljit Singh, were appointed. The petitioner was denied the appointment on the ground that he was more than 24 years of age At that time the petitioner's age was about 24 years and 1 month it is in this situation that the present petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner.
(3.) Return has been filed on behalf of the respondent. The petitioner also alleged mala fides against respondent No. 3 but the same are denied. Hence I do not find any substance in the allegation of mala fides made against respondent No. 3.;