Case Note & Summary
The dispute arose from the eligibility criteria for direct recruitment to the Rajasthan Administrative Service, where the Rajasthan Public Service Commission set age limits for candidates. The appellant, born on January 2, 1956, was informed that he was ineligible as he had attained the age of 28 years on January 1, 1984. He contested this decision in a writ petition under Article 226, which was initially upheld by a Single Judge of the High Court. However, a Division Bench reversed this decision, leading to the present appeal. The core legal issue was whether the appellant had indeed attained the age of 28 years on the specified date. The Supreme Court analyzed the interpretation of age calculation as per Rule 11-B of the Rajasthan State & Subordinate Services Rules and Section 4 of the Indian Majority Act, 1875. The court concluded that the day of birth is counted as a whole day, and thus the appellant completed 28 years at midnight on January 1, 1984. Consequently, he was disqualified for the examination as he exceeded the age limit by one day. The court expressed sympathy for the appellant's situation and suggested that the government consider relaxing the upper age limit to mitigate hardship. Ultimately, the appeal was dismissed without costs.
Headnote
A) Administrative Law - Age Determination - Calculation of Age - Rajasthan State & Subordinate Services (Direct Recruitment by Competitive Examination) Rules, 1962, Rule 11-B - The court held that a person attains a specified age on the day preceding the anniversary of their birthday, thus the appellant was disqualified for recruitment as he turned 28 on January 2, 1984, after the eligibility cutoff. (Paras 670-673).
Issue of Consideration
Whether the appellant had attained the age of 28 years on January 1, 1984, disqualifying him from consideration for direct recruitment to the Rajasthan Administrative Service.
Final Decision
The Supreme Court dismissed the appeal, affirming the Division Bench's ruling that the appellant was disqualified for direct recruitment due to age exceeding the limit by one day. The court advised the government to consider relaxing the upper age limit for the appellant to mitigate hardship.
Law Points
- Age determination
- Recruitment eligibility
- Interpretation of rules
- Legal principles of age calculation
