MICHAEL ZOTHANKHUMA
Saithantluangi Zote – Appellant
Versus
Secretary, Mizoram Public Service Commission – Respondent
JUDGMENT :
Heard Mr. A.R. Malhotra, learned counsel for the petitioners and Mr. J.C. Lalnunsanga, learned counsel for the respondent Nos. 1 & 2. The respondent Nos. 3 & 4 have appeared in the Court today in person.
2. The petitioners have put to challenge the impugned Corrigendum dated 05.09.2022 issued by the respondent No. 2, by which the petitioners have been disqualified from participating further in the Mizoram Civil Services (Combined Competitive) Main Examination, 2022, herein after referred to as the “Combined Examination, 2022” on the ground of being over-aged. Further, vide the said Corrigendum dated 05.09.2022, the respondent Nos. 3 & 4 have been called to take part in the personal interview in place of the petitioners.
3. The petitioners’ case in brief is that they belong to the Scheduled Tribe category and they have been working as regular Government Servants for more than 4 years. Pursuant to the Advertisement No. 7/2020-21 dated 11.03.2021, for filling up the vacant posts of Junior Grade in various Services under the Government of Mizoram, the petitioners submitted
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The absence of specific provision for age relaxation for specially abled candidates in the Rules, 2018, at the time of advertisement and application, led to the dismissal of the petitioner's claim fo....
The Court emphasized that the eligibility criteria for regularization under the Government of Mizoram Scheme must be strictly followed, particularly regarding age limits at initial engagement.
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
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.
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....
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.
The court established that amendments to recruitment rules are prospective and do not affect ongoing selection processes unless explicitly stated.
Contractual employees are entitled to age relaxation under the Delhi Municipal Corporation Act, 1957.
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