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2001(8) Supreme 84
SUPREME COURT OF INDIA
(From Punjab & Haryana High Court)
D.P. Mohapatra and Shivaraj V. Patil, JJ.
Jasbir Rani & Ors. -Appellants
versus
State of Punjab & Anr. -Respondents
Civil Appeal No. 7304 of 2001
(Arising out of SLP (C) No. 4158 of 2000)
With
C.A. No. 7305 of 2001
(Arising out of SLP (C) No. 16424 of 2000)
And
W.P. (C) No. 521 of 2000
Decided on 19-10-2001
Counsel for the Parties :
For the Appellants : R.K. Jain, Sr. Advocate, Neeraj Kumar Jain, Aditya Kumar Chaudhary, Bharat Singh and Ugra Shankar Prasad, Advocates.
For the Respondent in C.A.No.7304/2001 : Laxmi Kant Pandey, C.K.Virmani and Rajeev Sharma, Advocates.
Held : No doubt, the Rule does not provide a cut-off date by which an applicant is to satisfy the prescribed eligibility qualification pertaining to age. In the absence of a statutory provision in that regard the date has to be fixed at the time of issuing the advertisement. This is necessary not merely to enable the appointing authority to sort out the applications of the eligible candidates from those candidates who do not fulfil the prescribed qualification, but also to avoid criticism of a favoritism and nepotism against the authority. In the first advertisement issued in the case on 18th September, 1997, the cut-off date was fixed as 1st September, 1997 i.e. about two weeks prior to the advertisement. In the second advertisement which was issued one year after the first one ordinarily the appointing authority could have similarly fixed a date a few days prior to the date of issue of the advertisement; but as noted earlier, in the first advertisement the applications were invited from male candidates only; perhaps realising that there was no reasonable basis for confining the recruitment to male candidates only it was decided to throw open the recruitment to eligible female candidates also and in pursuance of the said decision the second advertisement was issued on 19th September, 1998. In such circumstances the appointing authority while issuing the second advertisement fixed the same cut-off date as in the first. If this had not been done then there would have been a difference in date by which the eligibility qualification pertaining to age was to be complied by male and female candidates. Such action would have exposed the authorities to criticism of discrimination. In the circumstances no exception can be taken to the action of the authority fixing the same cut-off date in both the advertisements. Coming to the contention raised by Shri R.K. Jain that prescribing a cut-off date prior to the date of appointment for the purpose of satisfying the eligibility qualifications pertaining to age is impermissible under the Rule, we are not inclined to accept the contention. Rule 5, as we read it, merely prescribes the eligibility qualification (minimum and maximum) pertaining to age for appointment to the post of Panchayat Secretary. The rule neither prescribes a cut-off date nor bars fixing of such a date by the authority competent for making the appointment. In the absence of any such provision it cannot be held that Rule 5 even by implication prohibits fixing a cut-off date regarding the age. (Paras 11 & 12)
The position that emerges from the discussions in the foregoing paragraphs is that the State Government cannot be faulted for fixing a cut-off date in the first advertisement and in the circumstances of the case in adopting the same cut-off date in the second advertisement. Therefore, there is no merit in these appeals which are accordingly dismissed. There will, however, be no order for cost. (Para 14)
JUDGMENT
D.P. Mohapatra, J.-Leave granted in both the special leave petitions.
2. Feeling aggrieved by the judgments rendered by a Division Bench of the High Court of Punjab & Haryana on 10.1 2000 and 25.4.2000 dismissing the writ petitions filed by them, the appellants have filed these appeals assailing the said judgments.
3. The controversy raised in the case relates to the cut-off date fixed for fulfilling the prescribed qualification relating to age by a candidate for the post of Panchayat Secretary in the State of Punjab. The appellants are male and female candidates, who were prevented from applying for the post since they did not satisfy the qualification pertaining to age by the cut-off date fixed in the advertisements.
4. The relevant facts of the case leading to the present proceeding may be stated thus: The Government of Punjab issued an advertisement on 18th September, 1997 in the local newspapers inviting applications from male candidates for 700 posts of Panchayat Secretaries. In the said advertisement the cut-off date for satisfying the eligibility qualification pertaining to age was stated as 1st September, 1997. Before the selection could be made the State Government issued another advertisement on 19th September, 1998 inviting applications from female candidates for the said 700 posts of Panchayat Secretaries. In the said advertisement the cut-off date for fulfilling the eligibility qualification pertaining to age was the same date, (1st of September, 1997) as in the previous advertisement. In both the advertisements it was stated that the applicant should not be less than 18 years of age and more than 35 years of age by the cut-off date. The age qualification was prescribed in terms of Rule 5 of the Punjab Panchayat Secretaries (Recruitment and Conditions of Services) Rules, 1979 (hereinafter referred to as the Rules ). As noted earlier all the appellants being below 18 years of age by the cut-off date were not eligible to apply for the posts.
5. The appellants filed the writ petitions challengng the cut-off date fixed in the two advertisements and also the provision of the rule prescribing the minimum and maximum age for appointment to the posts. It is relevant to state here that previously the minimum age of 17 years and maximum of 27 years were prescribed under Rule 5 which was subsequently altered to 18 years and 35 years by the Punjab Panchayat Secretaries (Recruitment and Conditions of Services) (1st Amendment) Rule, 1993. In accordance with the provisions in Rule 5 as they stood after amendment the maximum age were stated in the advertisements in the case.
6. It was the case of the appellants that there was no rational basis for fixing the same cut-off date of 1st September, 1997 as in the previous advertisement while issuing the second advertisement which was issued one year after the previous one. According to the appellants the cut-off date was fixed in an arbitrary manner without due application of mind.
7. The High Court, on consideration of the matter, held that in the facts and circumstances of the case the two advertisements were issued for the same set of vacancies; while the first advertisement was confined to male candidates only the second one was meant for female candidates; that the recruitment process was the same; therefore the State Government did not commit any irregularity in prescribing the same cut-off date in both the advertisements. Accordingly, the writ petitions were dismissed.
8. Shri R.K. Jain, learned senior counsel appearing for the appellants strenuously urged that the cut-off date fixed under the advertisements is contrary to the provision of the rule and therefore, is liable to be set aside. Elucidating his contention, Shri Jain submitted that rule 5 provides that a candidate is to fulfil the eligibility qualification pertaining to age on the date of his appointment and therefore, fixing a cut-off date prior to the date of appointment is not authorised by the rule and i
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