S.N. Jha, P.S. Asopa, JJ. - (1.) This special appeal is directed against the order of the learned Single Judge allowing the writ petition of the respondent.
(2.) The dispute relates to eligibility of the respondent on the ground of age. It is not in dispute that the upper age limit for appointment on the post of Female Supervisor, to which the dispute relates, is 40 years. According to the appellants, the age is to be reckoned with reference to the date of appointment and it is on that ground that eligibility of the respondent was challenged. The learned Single Judge did not agree and allowed the writ petition upholding the claim of the respondent. It may be mentioned that name of the respondent was placed on the reserve list for appointment.
(3.) Law is well-settled that eligibility for appointment is to be determined with reference to the cut off date fixed in the concerned recruitment rules. Where the recruitment rules is silent on the point, it may be fixed by a Government order or in the advertisement itself. Where neither the rules nor the Government order or the advertisement mentions the cut off date, the last date of receipt of application is to be treated as the reckoning date for deciding their eligibility. It is not in dispute in the instant case that on the last date of receipt of the application, respondent was within the age limit. In this view of the matter, we find no error in the, order of the learned Single Judge.;