Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment recruitment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Appointment - Application for recruitment - Date of birth disclosed by candidate varying from the date of birth mentioned in his school records - Candidate seeking the authority, correction in the date of birth in school records - Candidate selected, but denied appointment finding him averaged on the basis of date of birth in school records - Order challenged - By subsequent Rules two years relaxation given in recruitment - At the time of arguments benefit of Rules sought by candidate - Tribunal directing appointment on the basis of Rules - High Court upholding order of tribunal - On appeal, held: Authorities having selected the candidate despite having knowledge of date of birth as per school records, could not deny appointment - However, since the benefit of the subsequent Rules were not pleaded before the authority, order of courts below quashed - Liberty given to candidate to move the authority seeking relaxation as per Rules - Central Civil Services and Civil Posts (Upper Age Limits for Direct Recruitment) Rules, 1998.Pursuant to a recruitment notice, respondent was selected for the post of 'cook'. His date of birth in the school records was found to be 17.3.1977. Respondent filed an affidavit stating that his date of birth was 17.3.1978 and also sought for correction of date of birth in school records. Respondent was not appointed, as he was found to be over-aged with reference to the date of birth in school certificates. Respondent filed application before Central Administrative Tribunal seeking direction for his appointment. At the time of arguments he pleaded that he was entitled to relaxation of 2 years in upper age limit in view of Central Civil Services and Civil Posts (Upper Age Limit for Direct Recruitment) Rules, 1998 whereby the upper age limit in respect of direct recruitment was increased by two years. Tribunal though held that correction of age was not within the domain of the appellants, but allowed the application on the ground that he was entitled to relaxation in age in view of the Rules. High Court, in writ petition upheld the order of Tribunal. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1319 |
Petitioner | Union Of India & Ors. |
Respondent | Shri Ramesh Singh Rajput |
SCR | [2007] 13 S.C.R. 947 |
Judgement Date | 2007-12-14 |
Case Number | 5953 |
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