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ABHAY AHUJA, M. M. SATHAYE
Raju Dhondiram Akrupe – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
ABHAY AHUJA, J. - Rule. Rule made returnable forthwith. Heard finally by consent of Counsel for the parties.
2. By this Petition, Petitioner is seeking to quash and set aside interim order dtd. 10/5/2023 passed by the Maharashtra Administrative Tribunal (MAT) in Original Application No.345 of 2023 rejecting Petitioner's interim application in the said Original Application for age relaxation to participate in the selection process by nomination to a higher post by appearing in the examination which is going to be held on 4/6/2023.
3. Petitioner is working as a Food Safety Officer and his age today, statedly, is 39 years and in order to appear for the Combined Civil Services Preliminary Examination 2023 conducted by Respondent no.4 - Maharashtra Public Service Commission (MPSC) to be held on 4/6/2023, he is seeking age relaxation on the basis of Bombay Civil Services, Classification and Recruitment Rules, 1939 (the "1939 Rules"). Petitioner has also placed reliance on the Government Circular dtd. 1/11/2003 and the decision of this Court in the case of Anil Motilal Nimbhure vs. State of Maharashtra and Others, [Writ Petition No.6179 of 2007, decided on 7/1/2008]. to submit
The court affirmed that special age limits for specific categories, like Ex-Servicemen, cannot be combined with general relaxations, maintaining the prescribed upper age of 50 years.
The discretionary power of the appointing authority in granting age relaxation and the need for uniform eligibility criteria to avoid arbitrary selections.
Point of Law : Respondent authority has failed to exercise its power while dealing with the application for relaxation of the age, preferred by the petitioners.
The Government has power to grant relaxation in upper age limit on its own motion or upon getting intimation from any genuine or bona fide source can grant such relaxation subject to the condition th....
Vacancies arising before the amendment of recruitment rules are governed by the old rules, allowing eligible candidates age relaxation.
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