LAWS(KER)-2019-12-192

RAGHUNADHAN C. Vs. KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY

Decided On December 05, 2019
Raghunadhan C. Appellant
V/S
Kerala State Council For Science And Technology Respondents

JUDGEMENT

(1.) The petitioner, who is a Deputy Registrar of Centre for Water Resources Development and Management ('CWRDM' for short), is aggrieved by the refusal on the part of the respondents in granting him age relaxation for appointment as Registrar.

(2.) Petitioner submitted an application for appointment to the post of Registrar, pursuant to Ext.P2 notification. In this notification, the age limit prescribed for appointment is 50 years. Regarding age, it is stated as follows:

(3.) The petitioner submitted an application for relaxation of age also. It is stated that the 2nd respondent as per Ext.P4 letter addressed to the Executive Director, CWRDM, recommended that since the rule is silent in the matter of age relaxation, the request of the petitioner may be considered, subject to the ratification by Management Committee and Executive Committee. The petitioner points out that as per Ext.P5, Agenda Item no.29.5.5 petitioner's request was placed before the Managing Committee on 25.06.2019 and it was decided, to follow "Kerala Service Rules for the age relaxation for the internal candidates". Pointing out Ext.P3 order petitioner points out that the former Chief Minister, the President of the first respondent has granted age relaxation to one Mr.M.P.Vijayakumar, in similar circumstances and that there are several precedents where the respondents have granted age relaxation to internal candidates. The petitioner also points out Ext.P7 draft rules, which prescribes promotion from the post of Deputy Registrar as the method of appointment to the post of Registrar, for which there will not be any upper age limit. It is also pointed out that the decision in Ext.P5 is absurd as there is no provision in KSR relating to age relaxation.