Candidates who participated in a recruitment process should not be denied the opportunity to apply in subsequent processes due to age limits, especially when the previous process was cancelled.

JUDGMENT :

Arindam Mukherjee, J.

The deficit court fees are paid.

1. Mr. Partha Sarathi Bhattacharya is appointed as amicus curiae in view of the urgency and peculiar facts and circumstance of the case, Mr. Bhattacharya has been rendered an able assistance to this Court for adjudicating this writ petition which had to be heard and decided by today.

2. The Airports Authority of India (in short, “AAI”) being the respondent no.1 in this writ petition published an advertisement for recruiting Junior Assistant (Fire Service) NE-4 along with Senior Assistant (Electricians) NE-6 and Senior Assistant (Accounts) NE-6 on 30th September, 2022. In this writ petition, we are only concerned with the vacancies declared against Junior Assistant (Fire Service) NE-4 as the petitioners had participated in such recruitment process initiated by issuance of an advertisement dated 30th September, 2022 (hereinafter referred to as, “the recruitment process of 2022”).

3. Under the recruitment process of 2022, the age for applying against vaccines for Junior Assistant (Fire Service) was 18 to 30 years as on 30th September, 2022. The petitioner nos.1 and 2 who were applicants under Unreserved Category (in short, “UR”) and the petitioner no.3 being an applicant under Economically Weaker Section (in short, “EWS”) were within 30 years being the maximum age as on 30th September, 2022. The said advertisement also provided for age relaxation of 5 years for Scheduled Castes/Scheduled Tribes (in short, “SC/ST”), 3 years for Other Backward Classes, Non-Creamy Layer (in short, “OBC-NCL”) candidates as on 30th September, 2022. The petitioner no.4 who applied under OBC-NCL category was also below 33 years as on 30th September, 2022. The recruitment process of 2022 also provided for relaxation of age for ex-servicemen and departmental candidates who were in regular services of AAI. A different age limit was provided for widows, divorced women and women judiciary separated from their husbands.

4. The recruitment process of 2022 proceeded uptill the final stage when the selection list was published. The petitioners were initially in the waiting list but in the final selection list prepared for filling up 32 vacancies under the said recruitment process of 2022 none of them could make through. The recruitment process of 2022 was cancelled by the Regional Executive Director (ER) by issuing a cancellation notice which appears to be dated 13th February, 2024. The declaration made in the said cancellation notice is set out hereunder:-

“This has reference to the recruitment Advertisement No.ER/01/2022 published on AAI website on 30.09.2022 for the post of Junior Assistant (Fire Service) (Post Code 03).

It is hereby notified for the information of all concerned that the recruitment for the post of Junior Assistant (Fire Service) (Post Code 03) against Advertisement No.ER/01/2022 STANDS CANCELLED due to administrative reasons.

Accordingly, the Final Result of provisionally selected candidates for the post of Junior Assistant (Fire Service) (Post Code 03) published at AAI website on 14.04.2023 STANDS CANCELLED”.

5. The cancellation notice was challenged by several candidates by filing a writ petition being WPA 5280 of 2024. This writ petition was disposed of by an order dated 2nd May, 2024 upholding the decision of AAI to cancel the recruitment process of 2022. The order of the Learned Single Judge was assailed in appeal by which was numbered as MAT 1026 of 2024. This appeal was also disposed of by an order dated 5th July, 2024 upholding the order of the Learned Single Judge. The matter travelled to the Honb’ble Supreme Court wherein it was registered as Special Leave Petition (Civil Diary) 34053/2024 and was disposed of by an order dated 30th September, 2024, without interfering with the order dated 5th July, 2024 passed by the Division Bench of this Court.

6. The AAI thereafter issued an advertisement for recruiting Junior Assistant (Fire Service) NE-4 on 19th December, 2024 (hereinafte