Calcutta High Court (Appellete Side)
(Shibapada Sarkar vs Union Of India & Ors.) on 25 November, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
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25.11. 2013
rrc
W. P. 31332 (W) of 2013
(Shibapada Sarkar Vs. Union of India & Ors.)
Mr. Jayanta Das
......For the petitioner
Mr. Asim Kumar Datta
Ms. Gargi Mukherjee
......For the respondents
The petitioner seeks interference of this Court with an order dated 28th January, 2013 issued by the Commandant, 41st BN, Sashastra Seema Bal & Chairman of the recruitment board. By the said order, the petitioner was communicated that his candidature for appointment on the post of constable (veterinary) has been treated as cancelled due to overage.
I have heard learned advocates for the parties and perused the recruitment notice. For the post of constable (veterinary), an aspiring candidate was required to be of 18 - 23 years of age as on 15th September, 2012. The recruitment notice also stipulated that a departmental scheduled caste candidate would be entitled to relaxation of 10 years in age. Although the petitioner satisfied such conditions and was granted permissible relaxation, it ultimately transpired that he was over-aged by one month one day. In the absence of any power to condone the condition relating to age, the petitioner's further prayer for reconsideration of his case was not accepted.
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Having regard to the terms and conditions of the recruitment notice and particularly, having regard to the fact that the commandant has not been conferred the power to grant further relaxation over and above 10 years given to the petitioner, I find the action cancelling the petitioner's candidature to be unexceptionable.
The writ petition stands dismissed, without costs. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
( Dipankar Datta, J. )