CENTRAL ADMINISTRATIVE TRIBUNAL
S Elamma A Nivetha – Appellant
Versus
Ut Of Puducherry – Respondent
O.A./1276/2025
CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH O.A. No.310/01276 of 2025 DATED MONDAY, THE 27TH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE CORAM :
HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)
HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)
S. Elamma @ Nivetha, D/o. Sukumaran, Aged about 35 years, No.65D, Nallavadu Road, Dhananpalayam, Puducherry-605-007. ..........Applicant (Advocate: M/s. K. Sasindran)
Vs.
1. Union Territory of Puducherry, Rep. by its Chief Secretary, Chief Secretariat, Puducherry-605 001;
2. The Secretary to Government, Educational Department, Union Territory of Puducherry, Puducherry-605 501;
3. The Director, Directorate of School Education, Government of Puducherry, 100 ft Road, Anna Nagar, Puducherry-605-005. …...Respondents (Advocate: Mr. .R. Syed Mustafa)
O R A L O R D E R (Hon'ble Ms. Veena Kothavale, Member(J)
Applicant has filed this Original Application seeking the following relief:-
"i. Call for records on the file of the respondents relating to the impugned notification issued by the 3rd respondent dated. 12.09.2025 bearing Ref. No. A1818/DSE/Estt -IV/C/2025 to the extent it denies age relaxation and quash the same as illegal and arbitrary;
ii. Direct the respondents to grant appropriate age relaxation to the applicant and to permit the applicant to participate in the on-
going selection process notwithstanding the age criteria;
iii. And pass such further or other orders and thus render justice."
2. When the matter was taken up for admission hearing, the learned counsel for the applicant submitted that the applicant has completed her 10th Standard, Plus 2 and has subsequently obtained Diploma in Teacher Education (D.T. Ed) and thereafter, has cleared Central Teacher Eligibility Test (CTET). She is registered with Employment Exchange Puducherry and is fully qualified to be appointed to the post of Primary School Teachers (PST), more particularly with the Government of Puducherry. The 3rd respondent issued notification dated 12.09.2025 calling applications to the post of Primary School Teacher (Group 'B', Non- Gazetted, Non Ministerial) on regular basis in Puducherry/Karaikal & Mahe region to be filled up by direct recruitment. As per the said notification, the OBC candidate having age limit from 18 years to 35 years as on 14.10.2025 are eligible to submit application for the said post. But the present age of the applicant as on 14.10.2025 is 35 years 10 months and 2 days and therefore, the applicant being over aged by 10 months and 2 days, could not apply online. The applicant had submitted representation dated 19.09.2025 requesting for age relaxation and to permit her to participate in the selection Since there is no response, she has filed this OA seeking the aforesaid relief.
3. The counsel representing Mr. R. Syed Mustafa, Ld. Counsel of the respondents submitted that the issue involved in this OA is similar to the issue involved in O.A. No. 681 of 2025 and O.A. No. 291 of 2025 which have already been dismissed, and therefore, this OA also deserves to be dismissed.
4. From the pleadings, it is clear that the issue involved in this OA relates to relaxation of age and is similar to the issue involved in O.A. No. 681 of 2025 and O.A. 291 of 2025 which have already been dismissed by this Tribunal.
5. It is settled law that prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given to the said age limit are essentially matters of policy which lies within the sphere of legislature or executive.
6. In this regard, the Hon'ble Supreme Court in the case of Union of India & Ors vs. Shivbachan Rai reported in (2001) 9 SCC 356 has held that- “the prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given to the said age limit are essentially matters of policy. It was further held that it was open for the Government while framing the rules to prescribe such age limits or to prescribe the extent to which any relaxation can be given.
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