IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUBRAMONIUM PRASAD, J.
R. Gopalakrishnan - Appellant
Versus
State of Tamil Nadu, Rep by its Secretary to Government, Personnel & Administrative Reforms Department, Chennai & Others - Respondents
W.P.No. 13309 of 2013
Decided On : 05-04-2019
AGE RELAXATION - GOVERNMENT RECRUITMENT - G.O.Ms.No.98 - [G.O.Ms.No.98, Personnel and Administrative Reforms (S) Department, dated 17.07.2006] - The court considered the petitioner's request for age relaxation in government recruitment based on G.O.Ms.No.98, Personnel and Administrative Reforms (S) Department, dated 17.07.2006, and the subsequent denial of appointment due to age limit criteria. The court analyzed the legal provisions and interpretations related to age relaxation and legitimate expectation, and concluded that the petitioner's claim for age relaxation and promissory estoppel could not be upheld.
Fact of the Case:
The petitioner sought appointment as Steno-Typist based on his marks in the written examination and his position in the rank list. The government imposed a recruitment ban, which was later revoked, and issued notifications for various posts with different age limits. The petitioner contended that he was eligible for Group-IV posts based on age relaxation and legitimate expectation.
Finding of the Court:
The court found that the petitioner's claim for age relaxation and promissory estoppel could not be upheld. It held that the cut-off date for age limit was at the discretion of the rule-making authority and the petitioner did not meet the age criteria for the Group-IV post. The court dismissed the writ petition.
Issues: The main issues revolved around the petitioner's eligibility for age relaxation, legitimate expectation, and promissory estoppel in government recruitment based on G.O.Ms.No.98, Personnel and Administrative Reforms (S) Department, dated 17.07.2006.
Ratio Decidendi: The court analyzed the legal principles related to age relaxation, legitimate expectation, and promissory estoppel in government recruitment. It emphasized that the cut-off date for age limit was at the discretion of the rule-making authority and that the petitioner's claim for age relaxation and promissory estoppel could not be upheld.
Final Decision: The court dismissed the writ petition, finding no merit in the petitioner's claim for age relaxation and promissory estoppel in government recruitment based on G.O.Ms.No.98, Personnel and Administrative Reforms (S) Department, dated 17.07.2006.
1. The relief sought for in the present writ petition is to direct the respondents herein to consider the petitioner for appointment as Steno-Typist based on his marks in the written examination held on 07.07.2012 and his 113th position in the tentative rank list by relaxing the age criteria in the peculiar facts and circumstances of the case.
2. The petitioner passed the higher secondary examination in September 1994. He passed Type writing English senior grade in April 1994 and Tamil Senior Grade in April 1995. He graduated in Economics. He thereafter, acquired qualification of Shorthand and passed English and Tamil senior grade in November 2000. The Government of Tamil Nadu imposed a ban of recruitment from November 2001 and there was no recruitment for five years.
3. The ban was revoked in 2006. The Government of Tamil Nadu issued G.O.Ms.No.98, Personnel and Administrative Reforms (S) Department, dated 17.07.2006, wherein, the upper age limit for entering into Government service was relaxed by five years, to enable the unemployed youth affected by the ban order on recruitment, to apply for Government jobs.
4. The Government of Tamil Nadu issued notification No.14/2012 for appointment for the post of Executive Officer, Grade-IV which is included in Group-VIII services. On the very same date under very same notification. Tamil Nadu Public Service Commission also invited applications for various posts namely, Junior Assistant (Non-Security), Junior Assistant (Security), Bill Collector Grade-I, Typist, Steno-Typist, Field Surveyor and Draftsman. All these posts are included in Group-IV service.
5. For the Group-VIII service, the age limit for candidates not belonging to SC's, SC(A)'s, ST's, MBC's/DC's, BC's and BCM's was fixed as 35 years as on 01.07.2012. The petitioner date of birth was 28.07.1977, as on 01.07.2012. He had not completed 35 years. He was therefore eligible for applying for the said post. For the Group-IV service in the said notification, the age limit was prescribed as 30 years as on 01.07.2012, for candidates who was belonging to SC's, SC(A)'s, ST's, MBC's/DC's, BC's and BCM's. The notification did not specify that age will be relaxed for any of the categories.6. The petitioner contends that there was a common application form for appointment to Group-IV and Group-VIII services. The last date for submitting application was on 28.05.2012 and last date for payment of fee was on 30.05.2012. The gateway for application as stated by the petitioner was common, for both Group-VIII and Group-IV services. The examination date for both the posts was fixed as on 07.07.2012. The petitioner took examination on the said date. The petitioner hall ticket specifically stated, “Memorandum of Admission (Hall Ticket) for the Competitive Examination to the posts included in Group-IV and Group-VIII services.”
7. The petitioner states that, in view of the G.O.Ms.No.98, Personnel and Administrative Reforms (S) Department, dated 17.07.2006, giving relaxation of age for 5 years to enable the unemployed youth affected by the ban order on recruitment, to apply for Government jobs, he was also eligible for Group-IV posts also and that the hall ticket was mainly for permitting the petitioner to write examination for posts in Group-IV and Group-VIII. The results were announced. The petitioner secured 113th rank in the Group-IV service and was asked to appeared for certificate verification. However, he did not receive any counseling letter for the post in Group-VIII.
8. The petitioner states that, he went for certificate verification and counseling on 19.11.2012. He attended the counseling but, in the counseling he was told that he cannot be considered, because he had crossed age of 30 years. The petitioner states that applying G.O.Ms.No.98, Personnel and Administrative Reforms (S) Department, dated 17.07.2006, to these notifications, the upper age limit for Group-IV posts had to be raised and petitioner was therefore eligible for appo
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