Case Note & Summary
The petitioners, two female law graduates, filed a writ petition seeking a mandamus directing the Maharashtra Public Service Commission (MPSC) to accept their applications for the post of Civil Judge (Junior Division) and Judicial Magistrate First Class (CJJD & JMFC) despite having crossed the maximum age limit of 25 years. The petitioners were born in February 1989 and attained 25 years in February 2014. The MPSC had issued an advertisement on 26 February 2014 calling for applications, with the cutoff date for age being the date of advertisement. The petitioners contended that under Rule 6 of the Maharashtra Judicial Services Rules, 2008, the MPSC was required to advertise vacancies every year, and that the failure to advertise in 2013 (when they were still under 25) deprived them of the opportunity to apply. They sought relaxation of the cutoff date for age eligibility. The court, after hearing arguments, held that the cutoff date for age eligibility is the date of the advertisement, and the rules do not provide for relaxation of the age limit. The court noted that even if there was a delay in issuing the advertisement, the petitioners cannot claim relaxation of the age limit as a matter of right. The petition was dismissed, but the court observed that the petitioners may pursue other remedies if available.
Headnote
A) Service Law - Judicial Recruitment - Age Limit - Cutoff Date - The petitioners, who attained 25 years before the advertisement date, sought relaxation of the upper age limit due to non-advertisement in 2013. The court held that the cutoff date for age eligibility is the date of advertisement and cannot be relaxed, as the rules do not provide for relaxation and the delay in advertisement does not entitle candidates to age relaxation. (Paras 1-10) B) Service Law - Mandatory Annual Advertisement - Rule 6 of Maharashtra Judicial Services Rules, 2008 - The petitioners argued that Rule 6 mandates annual advertisement, and failure to advertise in 2013 caused them to lose eligibility. The court held that even if there was a delay, the cutoff date for age is fixed by the advertisement and cannot be altered, and the remedy lies elsewhere. (Paras 3-10)
Issue of Consideration
Whether the petitioners, who crossed the maximum age limit of 25 years before the advertisement date, are entitled to relaxation of the cutoff date for age eligibility due to the failure of the MPSC to advertise the posts in 2013.
Final Decision
The petition is dismissed. The court held that the cutoff date for age eligibility is the date of advertisement and cannot be relaxed. The petitioners may pursue other remedies if available.
Law Points
- Age limit for recruitment
- cutoff date
- relaxation of eligibility criteria
- mandatory annual advertisement
- judicial service rules
