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A. S. CHANDURKAR, JITENDRA JAIN
Ashwini Sanjay Kale – Appellant
Versus
State of Maharashtra Through its Principal Secretary, Law and Judiciary Department – Respondent
JUDGMENT :
Jitendra Jain, J.
Rule. Mr. Walimbe, learned Additional Government Pleader waives service of notice for respondent no.1-State. Mr.Sathe, learned Senior Counsel has appeared on behalf of respondent no.2-High Court. By consent of the parties, the writ petition is heard finally.
2. By this petition under Article 226 of the Constitution of India, the petitioners are challenging the communication dated 31st January 2022 whereby the petitioners have been informed that they cannot be considered for the post of Civil Judge, Junior Division and Judicial Magistrate, First Class (CJJD and JMFC) since on the date of the advertisement they are overage and further they cannot seek relaxation of the age on the ground that they belong to the Economically Weaker Section (EWS) and not backward class.
Narrative of Events :-
3. On 1st February 2019, the Maharashtra Public Service Commission (MPSC) issued an advertisement for the post of CJJD and JMFC. As per Clause 7 of the said advertisement, age limit for advocate on the date of publication of advertisement should not be less than 21 years and not more than 35 years in the case of Advocate, with 3 years practice. In the case of fresh law gradu
The court established that amendments to recruitment rules are prospective and do not affect ongoing selection processes unless explicitly stated.
Point of law: Schedule III of the Rules of 2010 prescribes specific time schedule for determination and notification of the actual number of existing and expected vacancies in each cadre as also for ....
The main legal point established in the judgment is that the government had already increased the maximum upper age limit by two years and the concession granted by the Supreme Court in a similar cas....
Belated minor age shortfall objection invalid after judicially sanctioned appointment list inclusion; statutory relaxation warranted to prevent hardship.
The relaxation of the upper age limit for government jobs is at the discretion of the State/Government and cannot be claimed as a matter of right by candidates of the EWS category.
Where applications are called for prescribing a particular date as last date for filing applications, eligibility of candidates shall have to be judged with reference to that date and that date alone....
Point of Law : Permanent disability - Appointment - It is true that it is not necessary to frame separate set of rules for providing reservation in appointments of persons other than District Judges ....
A candidate from a reserved category must meet unreserved eligibility criteria without claiming age relaxation when applying for unreserved posts unless expressly provided by recruitment rules or adv....
The entitlement to appointments based on wait list positions and the application of age relaxation and policy circulars in determining eligibility for appointments.
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