JUDGMENT :

JYOTSNA REWAL DUA, J.:

1. Petitioner claims that for the selection process undertaken by respondent No. 8 in the year 2011 for filling up the posts of Headmaster by way of direct recruitment, the maximum age limit prescribed for an applicant was 45 years. The private respondents had crossed this upper age limit, therefore, they could not be appointed as Headmasters. Their selection and appointment as Headmasters being illegal requires to be set aside and instead petitioner deserves to be appointed as a Headmaster.

Claim & Defence

2. Petitioner's case in nutshell is that respondent No. 8/Himachal Pradesh Public Service Commission initiated the selection process for filling up 212 posts of Headmasters [School Cadre] Class-II (Non-Gazetted) vide advertisement dated 23.09.2011. Petitioner, respondents No. 3 to 7 and various others participated in the selection process. Respondents No. 3 to 7 were selected and appointed as Headmasters vide office order dated 25.09.2012. The maximum age limit prescribed under the Recruitment and Promotion Rules for applying to the posts in question was 45 years. Respondents No. 3 to 7 had crossed 45 years of age, therefore, they were ineligible fo