Case Note & Summary
The petitioner, Raju Dhondiram Akrupe, a Food Safety Officer employed by the State of Maharashtra, filed a writ petition before the Bombay High Court challenging an interim order dated 10th May 2023 passed by the Maharashtra Administrative Tribunal (MAT) in Original Application No.345 of 2023. The MAT had rejected the petitioner's interim application seeking age relaxation to appear for the Combined Civil Services Preliminary Examination 2023 conducted by the Maharashtra Public Service Commission (MPSC), scheduled for 4th June 2023. The petitioner, aged 39 years, had crossed the upper age limit of 38 years for the general category. He claimed entitlement to age relaxation under the Bombay Civil Services, Classification and Recruitment Rules, 1939 (the 1939 Rules), relying on a Government Circular dated 1st November 2003 and the decision in Anil Motilal Nimbhure v. State of Maharashtra. The petitioner argued that the 1939 Rules, though pre-constitutional, continue to hold the field despite Article 395 of the Constitution. The respondents opposed the petition, contending that the 1939 Rules do not apply to MPSC recruitment. The High Court, after hearing counsel for both sides, dismissed the petition, holding that the 1939 Rules are not applicable to MPSC examinations and that the petitioner is not entitled to age relaxation. The Court noted that the MAT had correctly rejected the interim application. The petition was disposed of with no order as to costs.
Headnote
A) Service Law - Age Relaxation - Applicability of 1939 Rules - Bombay Civil Services, Classification and Recruitment Rules, 1939 - The petitioner, a Food Safety Officer aged 39, sought age relaxation to appear for MPSC's Combined Civil Services Preliminary Examination 2023. The Court held that the 1939 Rules do not apply to MPSC recruitment and the petitioner is not entitled to age relaxation. The petition was dismissed. (Paras 1-5)
Issue of Consideration
Whether the petitioner, a government servant aged 39 years, is entitled to age relaxation under the Bombay Civil Services, Classification and Recruitment Rules, 1939 to appear for the Combined Civil Services Preliminary Examination 2023 conducted by the Maharashtra Public Service Commission (MPSC).
Final Decision
The petition is dismissed. The interim order dated 10th May 2023 passed by the Maharashtra Administrative Tribunal is upheld. No order as to costs.
Law Points
- Age relaxation
- Bombay Civil Services Classification and Recruitment Rules 1939
- MPSC recruitment
- Government Circular dated 1st November 2003
- Article 395 of Constitution of India
- Applicability of pre-constitutional rules
Case Details
2023 LawText (BOM) (05) 32
Writ Petition No.6371 of 2023
Abhay Ahuja, M.M. Sathaye
Mr. Vijay Nagrani for Petitioner, Mr. P.G. Sawant, AGP for Respondent – State
The State of Maharashtra & Ors.
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Nature of Litigation
Writ petition challenging interim order of Maharashtra Administrative Tribunal rejecting interim application for age relaxation to appear in MPSC examination.
Remedy Sought
Petitioner sought quashing of MAT's interim order dated 10th May 2023 and direction to allow him to appear for the Combined Civil Services Preliminary Examination 2023 with age relaxation.
Filing Reason
Petitioner, aged 39, crossed upper age limit of 38 years for general category and sought age relaxation under 1939 Rules to appear for MPSC examination.
Previous Decisions
Maharashtra Administrative Tribunal rejected petitioner's interim application in Original Application No.345 of 2023 on 10th May 2023.
Issues
Whether the 1939 Rules apply to MPSC recruitment?
Whether the petitioner is entitled to age relaxation under the 1939 Rules?
Submissions/Arguments
Petitioner argued that being a government servant, he is entitled to upper age relaxation under the 1939 Rules, which continue to hold the field despite Article 395, relying on Government Circular dated 1st November 2003 and Anil Motilal Nimbhure case.
Respondent State opposed, contending that the 1939 Rules do not apply to MPSC recruitment.
Ratio Decidendi
The Bombay Civil Services, Classification and Recruitment Rules, 1939 do not apply to recruitment conducted by the Maharashtra Public Service Commission (MPSC). Therefore, a government servant seeking age relaxation under those rules to appear for an MPSC examination is not entitled to such relaxation.
Judgment Excerpts
By this Petition, Petitioner is seeking to quash and set aside interim order dated 10th May 2023 passed by the Maharashtra Administrative Tribunal (MAT) in Original Application No.345 of 2023 rejecting Petitioner’s interim application in the said Original Application for age relaxation to participate in the selection process by nomination to a higher post by appearing in the examination which is going to be held on 4th June 2023.
Petitioner is working as a Food Safety Officer and his age today, statedly, is 39 years and in order to appear for the Combined Civil Services Preliminary Examination 2023 conducted by Respondent no.4 – Maharashtra Public Service Commission (MPSC) to be held on 4th June 2023, he is seeking age relaxation on the basis of Bombay Civil Services, Classification and Recruitment Rules, 1939 (the “1939 Rules”).
Procedural History
The petitioner filed Original Application No.345 of 2023 before the Maharashtra Administrative Tribunal seeking age relaxation. The MAT rejected the interim application on 10th May 2023. The petitioner then filed Writ Petition No.6371 of 2023 before the Bombay High Court challenging the MAT's interim order. The High Court heard the matter on 26th May 2023 and dismissed the petition.
Acts & Sections
- Bombay Civil Services, Classification and Recruitment Rules, 1939:
- Constitution of India: Article 395
