Judgment

B.L.HANSARIA, J.

(1) A challenge was made before the orissa Administrative tribunal to some portion of the proviso to Rule 5(1 of orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983, hereinafter the Rules; so also to certain part of Rule 6(1 of the Rules. The tribunal has accepted the challenge. Hence these appeals.

(2) RULE 5(1 deals with the eligibility conditions of direct recruitment and has, inter alia, provided that the candidate must be below 28 years. This finds place in clause (b) which has the following proviso :

"PROVIDED that the maximum age-limit may be relaxed by five years in case of candidates belonging to the Scheduled Castes and Scheduled Tribes and up to five years in case of candidates having actual work experience in Settlement/Consolidation, and to such extent in case of candidates of such other categories as government may, by general or special order, specify from time to time."

(3) THE challenge was to the underlined portion of the proviso. As to this, the tribunal has stated that the same has conferred unbridled power; there being no guidelines for invoking this power