Case Note & Summary
The appellant, Y. Simiyon, filed a writ appeal against the order dated 31.01.2025 in W.P.No.6582 of 2020, which dismissed his challenge to the rejection of his application for the post of Panchayat Clerk at Karatholuvu Village Panchayat. The notification dated 29.03.2018 prescribed a maximum age limit of 30 years for general candidates and 35 years for SC/ST/MBC categories. The appellant, aged 37 years as on 01.07.2018, was overaged. He argued that he should be given 10 years age relaxation, but the court found no merit as the notification was clear. The Division Bench of the Madras High Court, comprising Justice S.M. Subramaniam and Justice N. Senthilkumar, dismissed the appeal, holding that the writ court had correctly applied the rules. No costs were awarded, and the connected miscellaneous petition was closed.
Headnote
A) Service Law - Recruitment - Age Limit - Age Relaxation - Notification dated 29.03.2018 - The appellant, aged 37 years, applied for the post of Panchayat Clerk under SC/ST/MBC category where maximum age limit was 35 years. The court held that the notification clearly fixes the age limit and no further relaxation can be claimed beyond that, even for differently abled persons. The writ court's dismissal was upheld. (Paras 3-5)
Issue of Consideration
Whether the appellant, who was overaged as per the notification, is entitled to additional age relaxation beyond the prescribed maximum age limit of 35 years for SC/ST/MBC candidates.
Final Decision
The writ appeal stands dismissed. No costs. The connected miscellaneous petition is closed.
Law Points
- Age limit for recruitment is strictly as per notification
- no additional relaxation beyond prescribed limits
- writ court's decision upheld
Case Details
2026 LawText (MAD) (06) 113
S.M. Subramaniam, N. Senthilkumar
Mr.D.R.Raghunath for appellant, Dr.R.Gouri for respondent 1
The Special Officer, Block Development Officer, Village Panchayat, Madathukulam Taluk, Tiruppur District and V.Dinesh Kumar
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Nature of Litigation
Writ appeal against dismissal of writ petition challenging rejection of application for direct recruitment to the post of Panchayat Clerk on ground of age.
Remedy Sought
Appellant sought to set aside the order dated 31.01.2025 in WP No.6582 of 2020 and allow the writ appeal.
Filing Reason
Appellant was overaged by 2 years as per notification dated 29.03.2018 which prescribed maximum age of 35 years for SC/ST/MBC candidates.
Previous Decisions
Writ petition dismissed on 31.01.2025 in WP No.6582 of 2020.
Issues
Whether the appellant is entitled to age relaxation beyond the prescribed maximum age limit of 35 years as per the notification dated 29.03.2018.
Submissions/Arguments
Appellant argued that 10 years age relaxation ought to have been given.
Respondent contended that notification clearly fixes age limit and no further relaxation is permissible.
Ratio Decidendi
The notification in clear terms fixes the maximum age limit for SC/ST/MBC as 35 years and no additional relaxation can be claimed beyond that, even for differently abled persons. The writ court correctly applied the rules.
Judgment Excerpts
We are unable to agree with the said contention, since the notification in clear terms fixes the maximum age limit for Schedule Caste, Schedule Tribe and Most Backward Class as 35 years and over and above the age limit, the differently abled person, cannot claim.
Procedural History
The appellant filed WP No.6582 of 2020 challenging the rejection of his application. The writ petition was dismissed on 31.01.2025. The appellant then filed the present writ appeal under Clause 15 of the Letters Patent on 05.06.2026.
