Bombay High Court
Sharad S/O Shivaji Datir And Ors vs The Staff Selecion Commission Thr. ... on 19 March, 2021
Author: R.I. Chagla
Bench: K.K. Tated, R.I. Chagla
14.wpst.5320.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO. 5320 OF 2021
Sharad s/o Shiavaji Datir and Ors. ... Petitioners
Versus
The Staff Selection Commission and Anr. ... Respondents
.........
Mr. Satish Khanderao Ingale for the Petitioners.
.........
CORAM : K.K. TATED &
R.I. CHAGLA, JJ.
DATE : 19th MARCH, 2021. P.C. :- 1 Heard the learned Counsel Mr. Satish Khanderao Ingale for the Petitioners. 2 The learned Counsel for the Petitioners submits that by this
Petition under Article 226 of the Constitution of India, they are challenging selection list dated 21.01.2021 issued by Respondent No.1 for appointment of Constables in Central Armed Police Forces.
Waghmare 1 / 814.wpst.5320.21.doc 3 The learned Counsel for the Petitioners submits that pursuant to the advertisement issued by the Respondents for appointment of Constable in Central Armed Police Forces, the Petitioners applied for that post. He submits that the Petitioners successfully clear their exams as well as physical efficiency test. He submits that Petitioners being eligible and qualified, the Petitioners were called for the detailed medical examination before the Medical Officer, Pune. He submits that thereafter the Petitioners were declared as medically and physically fit for the said post. He submits that though exams were conducted in 2018, they declared selection list in 2021 and by that time the Petitioners were declared as a barred by age limitation. He submits that as per advertisement notice, the age limit was given between 18 to 23 years as on 01.08.2018. There is some concession to the reserved class also. To that effect the learned Advocate for the Petitioners relies on para 4 (A) and (B) of the said advertisement which reads thus :
"4(A) AGE LIMIT: 18-23 years as on 01.08.2018. Candidates should not have been bornearlier than 02.08.1995 and later than 01.08.2000.
Note-I: The upper age limit is relaxable for SC, ST, OBC, Ex-Servicemen and other categories of persons in accordance with the Governments orders on the subject.Waghmare 2 / 8
14.wpst.5320.21.doc Note-II: Candidates should note that only the Date of Birth and Name as recorded in the Matriculation/ Secondary Examination Certificate or an equivalent certificate will be accepted by the Commission for determining the age and name. No subsequent request for its change will be considered or granted.
4 (B): Age relaxation codes available to different categories of candidates for claiming age relaxation as on the date of reckoning are as follows:
Code Category Age-
No relaxation
permissible beyond
the upper age limit
01 SC/ ST 5 years
02 OBC 3 years
03 Ex-Servicemen 3 years after
deduction of the
military service
rendered from the
actual age as on the
date of reckoning.
04 Children and dependent of 5 years
victims killed in the 1984 riots
or communal riots of 2002 in
Gujarat (Unreserved)
05 Children and dependent of 8 years
victims killed in the 1984 riots
or communal riots of 2002 in
Gujarat (OBC)
Waghmare 3 / 8
14.wpst.5320.21.doc
06 Children and dependent of 10 years
victims killed in the 1984 riots
or communal riots of 2002 in
Gujarat (SC/ST)
07 Candidates who had 5 years
ordinarily been domiciled in
the State of Jammu & Kashmir
during the period from 1st Jan
1980 to 31st Dec 1989.
Note-I: Ex-servicemen who have already secured
employment in civil side under Central Government in Group 'C' posts on regular basis after availing of the benefits of reservation given to ex-servicemen for their re-employment are not eligible for fee concession or for claiming benefits of reservation under ExS category. However, they are eligible for age relaxation.
Note-II: The period of "Call up Service" of an Ex- Serviceman in the Armed Forces shall also be treated as service rendered in the Armed Forces for the purpose of age relaxation.
Note-III: For any serviceman of the three Armed Forces of the Union to be treated as Ex-Serviceman for the purpose of securing the benefits of reservation, he must have already acquired, at the relevant time of submitting his application for the Post/ Service, the status of ex- serviceman and/ or is in a position to establish his acquired entitlement by documentary evidence from the competent authority that he would complete specified Waghmare 4 / 8
14.wpst.5320.21.doc term of engagement with the Armed Forces within the stipulated period of one year from the CLOSING DATE of receipt of applications i.e. 20.08.2018. Note-IV: Age concession/ reservation is not admissible to sons, daughters and dependents of ex-servicemen. Therefore such candidates should not indicate their category as ex-servicemen.
Explanation-1: An 'ex-serviceman' means a person:
(i) Who has served in any rank whether as a combatant or non-combatant in the Regular Army, Navy or Air Force of the Indian Union, and a. who either has been retired or relieved or discharged from such service whether at his own request or being relieved by the employer after earning his or her pension; or b. who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or c. who has been released from such service as a result of reduction in establishment;
or
(ii) Who has been released from such service after completing the specific period of engagement, otherwise than at his own request, or by way of dismissal , or Waghmare 5 / 8
14.wpst.5320.21.doc discharge on account of misconduct or inefficiency and has been given a gratuity; and includes personnel of the Territorial Army, namely, pension holders for continuous embodied service or broken spells of qualifying service;
or
(iii) Personnel of the Army Postal Service who are part of Regular Army and retired from the Army Postal Service without reversion to their parent service with pension, or are released from the Army Postal service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension;
or
(iv) Personnel, who were on deputation in Army Postal Service for more than six months prior to the 14th April, 1987;
or
(v) Gallantry award winners of the Armed forces including personnel of Territorial Army;
or
(vi) Ex-recruits boarded out or relieved on medical ground and granted medical disability pension.
Explanation-2 The persons serving in the Armed Forces of the Union, who on retirement from service, would come under the category of ex-serviceman may be permitted to apply for re-employment one year before Waghmare 6 / 8
14.wpst.5320.21.doc the completion of the specified terms of engagement and avail themselves of all concessions available to ex- servicemen but shall not be permitted to leave the uniform until they complete the specified term of engagement in the Armed Forces of the Union.
Explanation-3: Children means
(a) son (including adopted son) or
(b) daughter (including adopted daughter) Dependent family member means
(a) spouse or
(b) children or
(c) brother or sister in the case of unmarried victim who was wholly dependent on that victim at the time of his getting killed in the riots would be eligible. In order to be eligible for upper age relaxation in the category 04/05/06, the applicant should produce a certificate to that effect from the concerned District Collector/ District Magistrate wherein the victim was killed."
4 The learned Counsel for the Petitioners submits that because of delay on the part of Respondents, the Petitioners should not suffer and hence, they filed the present Writ Petition.
Waghmare 7 / 814.wpst.5320.21.doc 5 Considering the submission made by the learned Counsel for the Petitioners and as the Petitioners were declared selected candidates for the post of Constable as per advertisement issued by the Respondents in the year 2018, we are satisfied that the Petitioners made out a case for following order :
i) Registry is directed to issue notice before admission to the Respondents, returnable on 21.04.2021.
ii) In addition to usual mode of service, the Petitioners are permitted to serve the Respondents by private notice along with entire proceedings either by R.P.A.D. and/or by hand delivery and file affidavit of service to that effect on or before 17.04.2021.
iii) Petitioners to remove all office objections on or before 17.04.2021 failing which the Writ Petition shall stands dismissed without further reference to this Court.
iv) Stand over to 21.04.2021.
Digitally
signed by
Waishali S.
Waishali Waghmare
S.
Waghmare Date:
2021.03.23
02:34:10
( R.I. CHAGLA, J. ) ( K.K. TATED, J. )
+0530
Waghmare 8 / 8