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S. M. SUBRAMANIAM
V. Jayakumar – Appellant
Versus
Tamilnadu State Transport Corporation Limited, Rep. by its Managing Director, Salem – Respondent
JUDGMENT
(Common Prayer: Writ Petitions filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to grant age relaxation to the petitioner in the light of G.O.Ms.No.98 dated 17.07.2006 for selection and appointment to the post of Conductor in the 1st Respondent Corporation for the recruitment year 2014-15.)
Common Order
1. The common relief sought for in the present writ petitions is to direct the respondents 1 and 2 to grant age relaxation to the petitioners in the light of G.O.Ms.No.98 dated 17.07.2006 for selection and appointment to the post of Conductor in the 1st Respondent Corporation for the recruitment year 2014-15.
2. Admittedly, the petitioners participated in the process of selection for appointment to the Post of Conductor.
3. The learned counsel for the petitioners state that the petitioners are fully qualified for appointment. At the time of selection, the petitioners crossed the age of 35 years and therefore, they were disqualified after calling them for an interview.
4. The learned counsel for the petitioners mainly contended that due to the ban for appointment imposed for five years, the Government issue
Relaxation of rules cannot be claimed as a matter of right and should only be granted in exceptional circumstances, and the power of relaxation is to be exercised discreetly by the government.
The main legal point established is that age relaxation under Clause 5(iii) of a recruitment notice does not apply to contractual employees of societies, as clarified by the court's interpretation an....
Inordinate 9-year recruitment gap justifies provisional participation for overage candidates with pending relaxation representations, without indefeasible appointment right, pending case-to-case deci....
The court cannot alter the age limit for recruitment, as it is a policy decision of the government and not within the court's jurisdiction.
Age relaxation granted to certain categories of candidates under G.O.Ms.No.23 dated 31-05-2001 and G.O.Ms.No.9 dated 17.05.2011 is applicable to all eligible candidates, even if a recruitment notific....
The main legal point established in the judgment is that judicial recruitment is governed by specific rules, and age relaxation cannot be sought based on a Government Resolution when the judicial ser....
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