Subhas Ch. Mazumdar and Anr v. State of Tripura and Anr.
2002-12-11
AFTAB H.SAIKIA, B.B.DEB
body2002
DigiLaw.ai
Heard Mr. A.K. Bhowmik, learned senior Counsel appearing on behalf of the appellant. 2. This writ appeal is directed against the judgment and order dated 13.8.02 passed by the learned Single Judge in W.P. (C) No. 295 of 2002. 3. The petitioner-appellant's grievance is that he being a Govt. employee, he is entitled to be allowed 10 (ten) years age relaxation in any Govt. employment as he belongs to Schedule Caste community. He applied for the post of TCS Grade II. Since he crossed the maximum age limit of 42 years, he was not allowed to sit for examination holding him to be ineligible. According to the related Regulations called as Tripura Civil Service and Tripura Police Service (Appointment combined Competitive Examination 9th Amendment) Regulations 2000, maximum age limit is prescribed under Regulation 5(b). For convenience sake, the related portion of the Regulation 5(b) is reproduced below: "(b)AGE A candidate shall not be below 21 years and over 37 years of age on the first day of the month in which applications are invited, of the basis of Madhyamik. Higher Secondary or equivalent examination Certificate/ Admit card: Provided that the upper age limit is relaxable by 5 years for the candidates belonging to Sch. Caste, Sch. Tribes and Government servants and any other relaxation as admissible for competitive examinations." 4. From a careful perusal of the above quoted regulation, it appears that normally upper age limit for a candidate for the post under Tripura Civil Service/ Tripura Police Service is 37 years on the first day of month in which the applications are invited. However, the proviso as appended thereto allows the upper age relaxation by five years to the candidates belonging to the Sch. Caste. Sch. Tribes and Government servants and any other relaxation as admissible for competitive examinations. Mr. Bhowmik submits that being a Sch. Caste candidate the appellant is entitled to get 5 years relaxation over the maximum age limit of 37 years and again he is entitled to get more five years relaxation being a Govt. servant. But from the aforequoted provisions, it appears that so far as the age relaxation is concerned, candidates belonging to Sch. Caste. Sch. Tribe and Govt. Servant constitute a single group and as such none can claim double benefit-once being Sch. Caste candidate and again being a Govt. servant. The aforequoted rule suffers from no ambiguity requiring any interpretation. 5.
servant. But from the aforequoted provisions, it appears that so far as the age relaxation is concerned, candidates belonging to Sch. Caste. Sch. Tribe and Govt. Servant constitute a single group and as such none can claim double benefit-once being Sch. Caste candidate and again being a Govt. servant. The aforequoted rule suffers from no ambiguity requiring any interpretation. 5. Learned Counsel Mr. Bhowmik further argues that in regard to other services like Tripura Engineering Service, Tripura Health Service, the age relaxation is being allowed twice- once having considered the caste status and again on consideration of one being Govt. employee. But the present Regulation as quoted above has not been put under challenge and as such, we are not called upon to examine the validity of the Rules. 6. In that view of the matter, we find that the learned Single Judge committed no error in arriving at the decision. The appeal being devoid of merit and, as such, liable to be and is hereby dismissed.