An employer is bound by the specific age relaxation criteria set out in their own recruitment advertisement; where an advertisement allows for cumulative age relaxation—such as category-based relaxation combined with technical certificate-based relaxation—the denial of such cumulative benefits constitutes an arbitrary rejection of candidature.

JUDGMENT & ORDER (ORAL)

Heard Mr. J. Patowary, learned counsel appearing for the petitioner. Also heard Mr. I. Choudhury, learned Senior Counsel assisted by Ms. T. Singh, learned Standing Counsel appearing for the IOCL and Mr. B. Phukan, learned counsel appearing for the respondent No. 5.

2. The petitioner in this writ petition is a graduate from Gauhati University, having obtained his degree of Bachelor of Science with a major in Physics in the year 2014. The petitioner also belongs to the class of candidates identified as Other Backward Classes. The writ petition contains a format of certificate supplied by the respondent IOCL to the candidates where the petitioner has been certified to belong to the Backward Class under the relevant notifications of the Government of India, and it has also been certified that he does not belong to the persons or sections included in the creamy layer mentioned in the relevant schedule to the Government of India, DOPT OM dated 08.09.1993. The aforesaid format had been issued by the competent authority on the basis of a certificate which was earlier issued to the petitioner. The petitioner, after having attained his educational qualifications, had undergone a training course. On successful completion of the training, he was awarded a “National Apprenticeship Certificate” issued by the Directorate General of Training, Government of India, certifying that the petitioner had undergone appropriate training from 12.05.2017 to 11.05.2019 in the designated trade of Boiler Attendant. Another certificate had been issued to the petitioner by the Indian Oil Corporation Limited certifying that the petitioner had completed the 24 months Apprenticeship Training as a Trade Apprentice (Boiler Attendant) under the Apprenticeship Act.

3. The Indian Oil Corporation Limited had floated an advertisement on 25.09.2021 calling for applications, amongst others, for the post of Junior Engineering Assistant - IV (Power and Utility), post code 202. The number of posts shown to be available in IOCL, Guwahati, was 3, out of which two would be available for candidates belonging to the unreserved category, whereas one post was shown to be reserved for candidates belonging to the OBC (Non-Creamy Layer) category. The qualification and experience criteria, given at clause B of the aforesaid advertisement with regard to the post of Junior Engineering Assistant - IV (P & U), required the candidate to possess a three-year's diploma in mechanical or electrical engineering from a recognized institute of the University and Boiler Competency Certificate, with a proviso that in case of non-availability of sufficient number of candidates meeting the prescribed parameters, candidates possessing other qualifications noted in the advertisement itself, including BSc (PCM) with apprenticeship training in boiler trade would also be considered for the said post.

4. Insofar as the criteria of experience for the aforesaid post are concerned, the advertisement noted that, for candidates possessing Diploma/Metric with ITI (Fitter) and holding a Boiler Competency Certificate or a BSc with boiler apprenticeship, no further experience would be required. The requirements for candidates possessing a diploma were also laid down in the advertisement itself. However, since the same does not concern the issue related to this writ petition, the same are not referred to in this order. The advertisement had also laid down the conditions of the age limit and the relaxation therein for candidates belonging to the SC/ST/OB