Research › Search › Judgment

Chhattisgarh High Court · body

2014 DIGILAW 261 (CHH)

Rekhraj Baghel v. High Court of Chhattisgarh

2014-07-15

PRASHANT KUMAR MISHRA

body2014
ORDER 1. The petitioner has called in question the decision of respondent No.1 declaring him to be ineligible to participate in the District Judge (Entry Level) Direct Recruitment Examination, 2014 on the ground that on the cut off date i.e. 1.1.2014 he has not attained the age of 35 years. 2. The subject recruitment is governed by the provisions contained in the Chhattisgarh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 2006. Rule 7 of the said Rules provides thus:- “7. Qualification for direct recruitment under clause (c) of sub-rule 1 of rule 5- (i) No person shall be eligible for appointment by direct recruitment unless, he or she- (a) is a citizen of India, (b) has attained the age of 35 years and has not attained the age of 45 years on the first day of January in the year in which applications for appointment are invited, provided that upper age limit shall be relaxed upto a maximum limit of 3 years for the candidates belonging to Scheduled Caste, Scheduled Tribe and Other Backward Classes;” 3. Respondent No.1 issued the advertisement inviting applications from the eligible candidates who desire to compete in the District Judge (Entry Level) Direct Recruitment Examination, 2014 on 20.5.2014, for 8 number of posts, out of which 1 post is reserved for SC, 3 posts are reserved for ST and 4 posts are for open category. Clause 2 of the advertisement prescribes the eligibility criteria. Sub-clause (b) of clause 2 provides that no person shall be eligible for appointment to the post of District Judge (Entry Level) in Higher Judicial Service by direct recruitment unless, he or she has attained the age of 35 years and has not attained the age of 45 years on the first day of January, 2014, provided that upper age limit shall be relaxed up to a maximum limit of 3 years for the candidates belonging to Scheduled Castes, Scheduled Tribe and Other Backward Classes who are the bonafide residents of Chhattisgarh. 4. The petitioner is born on 11.5.1979 and thus, on the cut off date his age is 34 years 7 months and 20 days. While scrutinizing the forms for issuing admit cards, the petitioner's candidature has been rejected by mentioning that he is under age, which means that he has not attained the minimum age for being eligible for competing in the selection process. 5. While scrutinizing the forms for issuing admit cards, the petitioner's candidature has been rejected by mentioning that he is under age, which means that he has not attained the minimum age for being eligible for competing in the selection process. 5. Learned counsel for the petitioner has strenuously urged that the petitioner has attained the age of 35 years because he has completed the age of 34 years on 11th May, 2013 and from the very next day, he is deemed to have attained the age of 35 years. He would submit that the word 'attain' does not mean 'complete' and similarly, the word 'attained' does not mean 'completed'. He would submit that had the recruiting agency wanted that the person should have completed the age of 35 years, it would have been clearly mentioned that the candidate should have completed the age of 35 years. 6. The word 'attained' is the past tense and past participle tense of the verb 'attain'. The dictionary meaning of word 'attained' is : succeed in achieving (something that one has worked for). "clarify your objectives and ways of attaining them" The following are the synonyms of the word 'attained' : achieve, accomplish, reach, arrive at, come by, obtain, gain, procure, secure, get, grasp, hook, net, win, earn, acquire, establish, make; realize, fulfil, succeed in, bring off, bring about, bring to fruition, carry off, carry through, effect; informal hit, clinch, bag, wangle, wrap up, polish off; rare effectuate, reify The word 'attained' also means to reach a specified age, size or amount. The Hindi meaning of the word 'attained', as obtained from Hindi to English dictionaries through google search internet website is : - izkIr djuk receive, get, obtain, gain, make, enlist igqpuk - reach, get, arrive, come, attain, go fl} dj ysuk -attain 7. On the basis of the English & Hindi meaning of the word 'attained' as occurring in the dictionaries and is available in the google search engine in the internet website, it would be manifest that the word 'attained' has similar meaning as the word 'achieve' or 'acquire' or 'reach'. One cannot attain the age of 35 years on the next day when he completes the age of 34 years. In so interpreting, this Court is fortified by the judgment rendered by the Supreme Court in N.C. Dalwadi Vs. One cannot attain the age of 35 years on the next day when he completes the age of 34 years. In so interpreting, this Court is fortified by the judgment rendered by the Supreme Court in N.C. Dalwadi Vs. State of Gujarat (AIR 1987 SUPREME COURT 1933) at page 1937 wherein it has been held that 'the word attain means acquire or reach'. 8. If the petitioner's argument is accepted, when a person is considered to attain the age of majority on attaining 18 years of age, he would be treated as major when he completes 17 years and enters into 18 years of age, however, this line of argument does not admit to common prudence or common sense. 9. For the foregoing, this Court is of the considered opinion that the petitioner's candidature has rightly been rejected by respondent No.1. 10. The writ petition being devoid of any merit deserves to be and is hereby dismissed.