Case Note & Summary
The dispute arose from a recruitment process for the position of Lower Division Clerk (LDC) in Kendriya Vidyalayas, where the respondents, who were over the prescribed age limit, sought relaxation of age criteria. The Kendriya Vidyalaya Sangathan, governed by the Education Code, had set an age limit of 18-25 years for the LDC position, with provisions for relaxation for specific categories. The respondents, being relatives of existing employees, applied for the position despite being over-aged. The Central Administrative Tribunal directed the Sangathan to relax the age limit, which was contested by the Sangathan in the Gauhati High Court. The High Court upheld the Tribunal's order, leading to the present appeal. The Supreme Court analyzed the rules governing age relaxation and concluded that the discretion to relax age limits must be exercised within the framework of the rules and only for deserving candidates. The court found that the respondents did not qualify for relaxation as they did not belong to the specified categories. The court referenced previous judgments to emphasize that relaxation should not be applied broadly or arbitrarily. Ultimately, the Supreme Court set aside the High Court's order and allowed the appeal, stating that there would be no order as to costs.
Headnote
A) Administrative Law - Age Relaxation - Discretionary Power of Appointing Authority - Education Code for Kendriya Vidyalayas, 1971, Article 45 - The court held that the appointing authority's discretion to relax age limits must be exercised judiciously and only for deserving candidates, as per the established rules. The Tribunal and High Court erred in directing relaxation for candidates who did not meet the criteria set forth in the rules. (Paras 20-25).
Issue of Consideration
Whether the age of general candidates was relaxable under the extant Rules.
Final Decision
The Supreme Court set aside the High Court's order, allowing the appeal and stating that the discretion to relax age limits must be exercised judiciously and only for deserving candidates.
Law Points
- Age relaxation
- Recruitment rules
- Discretionary power
- Eligibility criteria
- Administrative law
