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ARINDAM MUKHEREJEE
Sitangsu Kumar Dey – Appellant
Versus
Airports Authority Of India – Respondent
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, “
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.
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
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 court affirmed that exceptional circumstances may necessitate a one-time relaxation of recruitment age limits to ensure fairness, particularly due to delays caused by the pandemic.
One-time relaxation of age limit for recruitment is justified in light of extraordinary circumstances caused by COVID-19, reaffirming judicial intervention to ensure fairness.
The main legal point established in the judgment is that petitioners cannot claim age relaxation based on alleged promises or inaction of the Government, and the court emphasized that the action of t....
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