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1965 Supreme(Kar) 118

K.S.HEGDE, K.BHIMIAH
M. I. Nadaf – Appellant
Versus
State of Mysore – Respondent


Advocates:
Advocate appeared:
Mr. S.C. Javali, for the Appellant
Mr. B. Venkataswamy, High Court Government Pleader, for the Respondent

JUDGMENT

Hegde, J.—In this Writ Petition under Article 229 of the Constitution, the petitioner prays for a direction to the second respondent requiring it to accept the petitioner's application for being recruited as a Munsiff in the Mysore Judicial Services and proceed on the basis that the said application is a valid application.

2. The material facts of the case are very few. On 25-2-1965, a notification dated 23-2-1965 came to be published in the Official Gazette at the instance of the Second respondent calling for applications for a competitive examination as detailed in appendix I thereof, for recruitment to the cadre of Munsiffs in the Mysore Judicial Service. It was also notified that written examination would be held in the month of April 1965 and viva voce would be held in April and/or May 1965. A copy of that notification is marked as Annexure 'A'.

3. In response to that notification, the petitioner submitted his application on 24-3-1965. The Second respondent by its Order dated 8-4-1965, but served on the petitioner on 16-4-1963, rejected his application on the ground that his age as on 25-3-1965, is 35 years, 10 months and 19 days and hence he was over-aged by 10 months a






















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