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Allahabad High Court · body

2015 DIGILAW 1892 (ALL)

SHAILENDRA KUMAR MISHRA v. UNION OF INDIA

2015-07-14

ARUN TANDON, ASHWANI KUMAR MISHRA

body2015
JUDGMENT By the Court.—Heard learned counsel for the parties. 2. Petitioner before this Court seeks quashing of the Advertisement dated 31.7.2013 issued by the Registrar, Motilal Nehru National Institute of Technology, Allahabad (herein after referred to as the “MNNIT”) for the post of Senior Medical Officer. 3. From the Advertisement enclosed with the writ petition, it is apparent that for the post in question i.e. Senior Medical Officer, the outer age limit has been prescribed as forty (40) years. Admittedly, the petitioner on the cut of date of making of the application was beyond 40 years of age, therefore ineligible to apply. 4. According to the petitioner the fixation of 40 years of age as the outer limit is contrary to the Office Memorandum issued by the Ministry of Personnel, P.G. and Pensions, Department of Personnel and Training, Government of India dated 31.12.2010 and the subsequent Office Memorandum dated 31.3.2015, where-under, having regard to the pay-scale applicable to the post of Senior Medical Officer, it has been recommended that the outer age limit for such posts be 50 years. 5. Counsel for the petitioner submits that the recommendation made by the Government of India, Ministry of Personnel, should have been acted upon by the MNNIT. Therefore, the MNNIT may be asked to consider the claim of the petitioner who is beyond 40 years but less than 50 years of age. 6. We have heard learned counsel for the parties and have gone through the records of the present writ petition. 7. It is not in dispute that the MNNIT, Allahabad is brought under the purview of National Institute of Technology Act, 2003. The said institute has framed recruitment Rules for non-teaching posts. Under the Rules so framed, the outer age limit fixed for the post of Senior Medical Officer is 40 years. The general Office Memorandum issued by the Ministry will have no application in view of the specific recruitment rules framed by the statutory authority like MNNIT. 8. Reference may also be had to the letter of the Government of India, Ministry of Human Resource Development, Department of Higher Education dated 6.12.2012 where-under the recommendation made for framing of recruitment rules for non-teaching post in National Institute of Technology which would include MNNIT have been accepted by the Ministry concerned. 8. Reference may also be had to the letter of the Government of India, Ministry of Human Resource Development, Department of Higher Education dated 6.12.2012 where-under the recommendation made for framing of recruitment rules for non-teaching post in National Institute of Technology which would include MNNIT have been accepted by the Ministry concerned. Under the said recruitment rules also the outer age limit fixed for the post of Senior Medical Officer has been prescribed as 40 years. 9. In the writ petition there is no challenge to the recruitment rules framed by the MNNIT or the rules as adopted by the Ministry of Human Resources in respect of the recruitment of non-teaching posts in National Institute of Technology under letter dated 6.6.2012. 10. In our opinion the general circulars must give way to the specific recruitment rules framed by the MNNIT inasmuch as it is an statutory body constituted under the statutory Act and it has the power to frame recruitment rules for the employees. 11. Writ petition lacks merit and is accordingly dismissed. ———————