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

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(i) In the case of SC/STs minimum 21 years and maximum 26 years and<br />

(ii) In the case of others the minimum aged is 21 years and maximum age is 24 years.<br />

6. However, since a large number of candidates had applied for the post of SIE., against the<br />

1999 Notification (Annexure-A1) and the selection process was abandoned in the middle, to safeguard<br />

the interest of the applicants against the 1999 Notification, with regard to age, in the 2002 Rules, the<br />

following proviso has been made:<br />

“Provided further that the above age limit shall not be made applicable to 100 posts of<br />

Sub-Inspectors advertised in Notification No.PSC 1 RTB 98 dated 11.3.1999”.<br />

7. Based on the amended Rules, the State Government has authorized the third respondent-<br />

KPSC for recruitment of 254 posts of SIEs., in accordance with the amended-Rules and accordingly,<br />

the Third-Respondent has issued a Notification bearing No.E(2) 31/PSC/2002-03 dated 31.7.2002<br />

which is at Annexure-A2 which is impugned by the applicants only on the question of the reduced<br />

upper age limit prescribed for eligibility to participate in the selections.<br />

8. The grievance of the applicants is that in the 1999 Notification, higher age limits were prescribed.<br />

Whereas, in the impugned Notification the upper age limit prescribed for the candidates to apply has<br />

been reduced making the applicants ineligible to apply for the said posts since they have crossed the<br />

upper age limit prescribed in the impugned Employment Notification dated 31.7.2002. They claim<br />

that the upper age limit prescribed as per the Karnataka Civil <strong>Service</strong>s (General Recruitment) Rules,<br />

1977, should have been prescribed for the post of SIEs., and they have also questioned the age<br />

relaxation given to the candidates who had applied against 1999 impugned notification which was<br />

abandoned in the middle of the selection process.<br />

Karnataka PSC<br />

9. The learned counsel appearing for the applicants argued that the Government should have<br />

prescribed the upper age limits for the post of SIEs., as provided under the General Recruitment<br />

Rules, 1977. The reduced upper age limit prescribed as per the impugned Notification of 2002 is<br />

arbitrary, illegal and it violates Articles 14 and 16 of the Constitution of India. He further contended<br />

that the applicants have all crossed the upper age limit prescribed even though they are educationally<br />

qualified and hence, they have become ineligible to apply for the post. As per the 1998 impugned<br />

Notification higher age limit was prescribed and further in the 2002 Notification, age relaxation also<br />

439

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