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H. S. THANGKHIEW
Hanna Ch. Marak – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. This instant writ application has been filed by the writ petitioner seeking relaxation and condonation of her age for appearing in any future selection process to the post of Auxiliary Nurse Midwife (ANM), and in addition has also prayed for regularization and also that she not be ousted from service during the pendency of the writ petition.
2. Ms. D. Mawthoh, learned counsel for the petitioner submits that the petitioner was initially appointed on 16.03.2010 as an Auxiliary Nurse Midwife (ANM) on contract basis for a period of 11(eleven) months and has since continued in the said post after extensions were given from time to time till date. Learned counsel submits that on 19.07.2016, an advertisement had been issued for recruitment to a large number of Auxiliary Nurse Midwife (ANM) posts, with the qualifications prescribed therein of S.S.L.C. passed, with 18(eighteen) months Training Course of Nursing and an age limit 18 to 27 years relaxable by 5(five) years for Scheduled caste and Tribe candidates. Learned counsel further submits that at that point of time, the petitioner had applied for the said post but her application was not accepted, on the ground that she was ove
Exceptional circumstances, such as continuous service and changes in age limit, may warrant the court to grant relaxation of age for participation in fresh selection processes.
Point of Law : Respondent authority has failed to exercise its power while dealing with the application for relaxation of the age, preferred by the petitioners.
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.
The court established that recruitment age limit conditions must be consistent with prior advertisements and that candidates should not be penalized for changes in conditions that occur after their i....
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