Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE
APPLICATION NO.7634 OF 2005
D.D. 02.02.2006
The Hon’ble Mr. Justice A.V.Srinivasa Reddy, Chairman
Smt. N.K.Gayathri Devi ... Applicant
Vs.
The State of Karnataka & Anr. ... Respondents
Recruitment :
Age Limit:
Applicant was a candidate for the post of lecturer in English in Govt. I Grade Colleges under G.M.
category upper age limit for which was 35 years – Age relaxation of 10 years was given to candidates
working in Collegiate Education – Applicant was aged 45 years 4 months 12 days as on the last date for
receipt of applications – Hence her application was rejected as over aged – As the applicant was not eligible
for selection even after relaxation up to 10 years was given – Hence the application was dismissed.
Held:
Karnataka PSC
Considering the facts a direction by way of mandamus either to relax the age limit or any such
direction which would violate the terms and conditions of the notification cannot be given.
ORDER
In this application, the applicant is seeking a direction to declare the non-calling of the applicant for
interview to the post of Lecturer in English as arbitrary, discriminatory and violative of Articles 14 and
16 of the Constitution and for a consequential direction to the respondents to treat the applicant as
eligible for selection and appointment by providing relaxation of marks 1% for each year of part-time
service under clause 2.2 and to extend all benefits.
2. Heard Mr.Ranganath, S.Jois, learned Counsel for the applicant, Mr. M.L.N. Reddy, leaned
Government Pleader for the 1st respondent and Mr.T.Narayana Swamy, learned Counsel for the 2nd respondent.
3. It is undisputed that the applicant was a candidate for selection to the post of Lecturer in
English having applied for the said post pursuant to the notification dated 12.7.2005 issued by the 2nd respondent for selection of Lecturers in First Grade Colleges. In the annexure appended to the said
notification, clause 2.3 prescribes “maximum age limit” for candidates belonging to ‘general merit’ as
35 years, candidates belonging to category 2A, 2B, 3A, 3B as 38 years and for candidates belonging
to SC/ST and category I as 40 years. However, candidates who have been working in the Collegiate
Education are entitled for relaxation of maximum age up to 10 years. Since the applicant was not
called for interview in terms of the notification, she has presented the application for the reliefs sought herein.
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