The Hindu : Tamil Nadu News : Court declines to quash TNPSC notification

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Tamil Nadu

Court declines to quash TNPSC notification

Special Correspondent

CHENNAI: The Madras High Court has declined to quash a Tamil Nadu Public Service Commission (TNPSC) notification, which provided for relaxation in upper age limit to candidates who were either unemployed or in government service for less than five years.

Justice K. Chandru, dismissing a writ petition challenging the validity of sub-clause (A) and (A) (iii) of Clause 6 of the TNPSC notification dated August 1 for Group I services for the year 2006-07, said: “The policy of the respondent-State emanated from the fact that there was a ban on the recruitment and, therefore, certain concession should be given to unemployed youth.”

The petitioner, working as a Revenue Inspector in Tiruchi district, filed the petition stating that he was aggrieved by the notification fixing maximum age of 35 years as on July 1, 2007 for SCs/STs/MBCs/DCs/BCs and 30 years in respect of other categories.

The impugned provision, however, relaxed the age limit by another five years for applicants who were unemployed or those in government service affected by the ban on recruitment. The benefit was not made available to candidates not belonging to reserved categories or those who had put in five years of service in State or Central Government.

The petitioner, alleging arbitrariness, said those who had put in more than five years of government service were unreasonably singled out for discrimination.

“No legal basis”

Rejecting the arguments, Mr. Justice Chandru said the submission lacked any legal foundation. “The comparison of the petitioner with an unemployed youth is misconceived.”

The petitioner now talked about a right to be considered for a higher post, he said, adding that he had promotion opportunities in accordance with service rules.

“The prescription of age limit is a prerogative of the employer, who seeks candidates for employment and at the instance of the third party like the petitioner the rule cannot be impugned,” he observed. The rule granting exemption for those who have not completed five years of service is based upon a sound principle, the Judge said.

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