Manipur High Court
Paonam Nilamani Singh vs Union Of India & 5 Ors on 5 August, 2020
Author: Kh. Nobin Singh
Bench: Kh. Nobin Singh
Item No. 1
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 439 of 2020
Paonam Nilamani Singh.
...Petitioner
- Versus -
Union of India & 5 Ors.
...Respondents
(VIDEO CONFERENCE)
B EF O R E
HON'BLE MR. JUSTICE KH. NOBIN SINGH
ORDER
5.8.2020 Heard Ms. Geetarani Waikhom, learned counsel appearing for the petitioner.
According to the petitioner, he applied for appointment to the post of ANO of NCC Trp. No. 6, Nambol Higher Secondary School under 14(M) Bn. NCC, Imphal. As per the eligibility criteria with respect to the age limit as prescribed in the notification dated 23/9/2019, the candidates applied for the said post should not be below of 21 years of age and should not be above 45 years of age on 25/11/2019 i.e. (last date of receipt of application). It is further provided in para 5(c) that the upper age is relaxable up to 3 years i.e. up to 48 years of age. The petitioner, since he had crossed 45 years, submitted an application along with a request for relaxation of the age. After having considered the eligibility of the petitioner along with others, he was called for the interview which was held on 13/2/2020. As the result of the said interview was not known to the petitioner, he submitted a representation dated 28/5/2020 and in reply thereof, the respondent authorities issued a letter dated 2/7/2020, enclosing therewith a letter dated 29/6/2020, informing the petitioner that WP(C) No. 439 of 2020 Page 1 of 2 he was not eligible to become an ANO as per the age criteria laid down by HG DG NCC as the date of birth of the petitioner was 13/5/1972. Being aggrieved by the said 2 (two) letters dated 29/6/2020 and 2/7/2020, the instant writ petition has been filed by the petitioner.
On perusal of the impugned letters, it is prima facie seen that the authorities appear to have calculated the age of 48 years as on the date of the decision being taken by them and not from the last date of submission of the application.
In view of the above, let notice be issued to the respondents returnable on 3/9/2020.
Mr. S. Suresh, learned ASG accepts notice on behalf of respondent Nos. 1 to 5 while Mr. Vashum, learned Government Advocate accepts notice on behalf of respondent No. 6 and hence, no formal notice is called for.
By way of interim measure, it is directed that the said 2 (two) letters dated 29/6/2020 and 2/7/2020 shall remain suspended till the returnable date. However, the pendency of the writ petition shall not preclude the respondent authorities to consider the case of the petitioner.
Copies of this order shall be sent to the learned counsels appearing for the parties through their WhatsApp/e-mail.
JUDGE
Victoria
WAIKH
Digitally signed
OM by WAIKHOM
TONEN MEITEI
TONEN Date: 2020.08.05
12:11:24 +05'30'
MEITEI
WP(C) No. 439 of 2020 Page 2 of 2