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2021 Supreme(Telangana) 299

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SATISH CHANDRA SHARMA, A.RAJASHEKER REDDY, JJ.
Thalari Parimala, D/o Late T. Sangeetha Rao – Appellant
Versus
The High Court for the State of Telangana – Respondent
W.P.No.21621 of 2021
Decided on : 09-11-2021

Headnote:

Constitution of India,1950 - Recruitment - Post of Copyist - Advertisement was issued on 31.07.2019 inviting applications for various posts, including the post of Copyist, and as per the Advertisement - petitioner has vehemently argued before this court that the date of birth of the petitioner the petitioner belongs to Scheduled Caste category. He has drawn the attention of this court towards issued by the Government of Telangana, which provides for age relaxation by 10 years in respect of direct recruitment i.e., extending the upper age limit from 34 years to 44 years – Held, petitioner was aged forty years four months and five days cut off date fixed is based on Rule 9 of the Rules, which provides for fixation of cut off - Advertisement itself was issued case of the petitioner was rightly rejected, as she was over aged at the relevant point of time. It is nobody’s case that the Advertisement was issued - Court does not find any reason to interfere with the order rejecting the candidature of the petitioner - Writ petition is dismissed.

ORDER :

Satish Chandra Sharma, J.

1. The petitioner before this court has filed the present writ petition for issuance of an appropriate writ, order or direction to the respondents to treat the petitioner as within the age limit for the purpose of recruitment in the post of Copyist under the Telangana Judicial Ministerial and Subordinate Rules, 2018 (for short ‘the Rules’).

2. The undisputed facts of the case reveal that an Advertisement was issued on 31.07.2019 inviting applications for various posts, including the post of Copyist, and as per the Advertisement, which is on record, candidates between 18 years to 34 years were eligible to compete.

3. Learned counsel for the petitioner has vehemently argued before this court that the date of birth of the petitioner is 25.02.1979 and the petitioner belongs to Scheduled Caste category. He has drawn the attention of this court towards G.O.Ms.No.329 dated 27.07.2015, issued by the Government of Telangana, which provides for age relaxation by 10 years in respect of direct recruitment i.e., extending the upper age limit from 34 years to 44 years. He has again drawn the attention of this court towards the subsequent G.O.Ms.No.190 dated 08.08.2017, issued by the Government of Telangana, wherein again the upper age limit for all Government posts was extended from 34 years to 44 years for a further period only up to 26.07.2019. Meaning thereby, for all Advertisements issued up to 26.07.2019, the upper age limit was increased.

4. In the instant case, undisputedly, the Advertisement was issued on 31.07.2019, meaning thereby after expiry of the extension granted by the Government of Telangana vide G.O.Ms.No.190 dated 08.08.2017. Undisputedly, the petitioner was aged forty years four months and five days as on 01.07.2019. The cut off date fixed as 01.07.2019 is based on Rule 9 of the Rules, which provides for fixation of cut off date as 01.07.2019.

5. In the considered opinion of this court, as the Advertisement itself was issued on 31.07.2019, the case of the petitioner was rightly rejected, as she was over aged at the relevant point of time. It is nobody’s case that the Advertisement was issued on 26.07.2019 or prior to 26.07.2019 and therefore, this court does not find any reason to interfere with the order rejecting the candidature of the petitioner.

6. Admission is declined and the writ petition is dismissed.

7. The miscellaneous applications pending in this writ petition, if any, shall stand closed.

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