(1) AT the material time the respondent was holding the post of Hatchery Officer in the Central Poultry Breeding Farms under the Ministry of Agriculture.

(2) ON 15-2-1990 the Union Public Service Commission advertised for direct recruitment to the post of Assistant Director in the Central Poultry Breeding Farms under the Ministry of Agriculture. Under the advertisement the prescribed age for the candidates was not exceeding 35 years as on 31-5-1990, relaxing up to 5 years for government servants. This condition relating to age of the candidates was in accordance with the Rules framed under the proviso to Article 309 of the Constitution on 29-3-1985 regulating the method of recruitment to the post of Director and Assistant Director (Group A posts in the Central Poultry Breeding Farms, under the Ministry of Agriculture). The said Rules of 1985, inter alia, prescribe the age limit for direct recruits to the post of Assistant Director. The Rules state: under column 6 which pertains to age limits for direct recruits, "not exceeding 35 years (relaxable for government servants up to 5 years in accordance with the instructions and orders issued by the Central Government)".

(3