SAJJAN KUMAR S/O JUGTI RAM AND R N BERA S/O TRILOCHAN BERA Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANTS have challenged Annexure A-1 dated 2.8.2006 whereby announcing the proposed recruitment to the post of Lower Division Clerk against vacancies/points available or to be available in future for regularly appointed Group 'D' employees in their respective State Cadres against 10% quota prescribed by the Government, the decision to hold �Departmental Qualifying Examination, 2006� on 23.9.2006, has been circulated and applications invited from eligible candidates.

(2.) It has been stated that applicants had joined respondents as Peon (Group �D�) in November, 1981 and have been working as such eversince. Vide Annexure A-1 one of the eligibility conditions for appearing in the examination has been stated as �The candidates should not be more than 45 years of age at the closing date for receipt of applications�. The learned Counsel of applicants stated that hitherto Government and Staff Selection Commission have been fixing 50 years of age for eligibility for appearing in such examinations. He drew our attention to Annexure A-2 dated 6.11.2000 whereby National Sample Survey Organization had proposed holding of the departmental qualifying examination on 14.1.2001 with maximum age limit of 50 years for candidates including 5 years special relaxation allowed by the Ministry on 27.8.1999 and 29.2.2000. He further mentioned that similarly the Staff Selection Commission had prescribed maximum age limit of 50 years on 1.8.2002 for appearing in Clerks Grade Departmental Examination (for Group D Staff only), 2002. The learned Counsel stated that respondents have rejected applicants� representation for relaxation in age limit for appearing in the examination up to 50 years. The learned Counsel submitted that while maximum age limit for appearing in the examination previously was kept at 50 years, applicants have been deprived of the right of appearing in the present proposed examination, and as such they have been discriminated against. Direction has been sought in the OA to respondents to allow applicants to appear in the proposed examination by extending the benefit of relaxed age criteria up to 50 years as allowed earlier.

(3.) WE have considered the issue raised herein as also the contentions made in that behalf.