- (1.) PRAYER in this writ application as made by the petitioners is for commanding the respondents to allow the petitioners to appear at the examination which was scheduled to be held on 27.01.2009 for the post of Lady Supervisor, by condoning the age limit.
(2.) IT appears that the examination has already been held and therefore, the petitioners prayer is no more tenable. Leaned counsel for the petitioners would further explain that notwithstanding the fact that the prayer regarding the petitioners appearance in the examination which was scheduled to be held on 27.01.2008 being frustrated but the facts remain that certain matters ought to have been considered by the respondents in respect of which the petitioners have a genuine grievance and if the grievance could possibly be redressed, the petitioners may still have a chance for their eligibility to appear at the requisite exam for the purpose of their promotion to the post of Lady Supervisor. Learned counsel explains that the petitioners are presently working in the post of Angan Bari Sevikas. The higher post for which they could seek promotion is the post of Lady Supervisor. The earlier advertisement in response to which the petitioner had applied in the year 2005 did not contain any stipulation regarding the upper age limit. It was subsequently by a later notification issued by the respondents that the upper age limit has been fixed and a fresh advertisement in this context has been published by the respondents. The grievance of the petitioners is that at the time when they had originally applied, they were qualified and eligible in all respects for their promotion and for their appearance at the corresponding examination but the respondent authorities instead of promptly conducting the examination at that time, had delayed the exams and by the subsequent notification of the advertisement they have now sought to debar the petitioners and such other candidates like the petitioners from the prospects of their promotion by raising a new criteria of age limit. From the submissions of the learned counsel it appears that though earlier the respondents had not fixed any upper age limit as an eligibility criteria, but pursuant to a decision taken by them, the upper age limit has been fixed for the purpose of inviting applications from candidates and to select the candidates to fill up the post of Lady Supervisors. It would not therefore be for this Court to issue any direction to the respondents. The petitioners may at best file a fresh representation before the concerned authorities, Respondent No. 2, as pointed out by the learned counsel, stating their claims and the grounds thereof and within two months of the date of receipt of the representation, the Respondent No. 2 shall take a decision on the issues raised by the petitioners and pass a reasoned and speaking order and shall communicate the same to the petitioners effectively. With these observations, this writ application is disposed of. ;