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

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that pending decision in the matter, an interim order may be granted permitting the applicant to appear
for the examination subject to the final decision in the application.
3. The learned advocate for the respondent has strongly opposed the application. It is contended
by him that admittedly the applicant was aged 37 years i.e., one year more than the maximum age limit
prescribed for the post for such applicants, who belong to category 3A and therefore the applicant is
not entitled to appear for the examination.
Karnataka PSC
4. The learned counsel for the applicant has placed reliance on clause (b) of sub-rule (3) of Rule
6 of the Karnataka Civil Service (General Recruitment) Rules, 1957 to contend that in the case of a
candidate who is holding a post under the Government, he is entitled to relaxation in age limit to the
extent of such years during which he is holding the post or 10 years whichever is less.
5. As rightly pointed out by the learned counsel for the respondent, the relaxation in age limit has
been specifically prescribed in Rule 5 of the Karnataka Recruitment of Gazetted Probationers
(Appointment by Competitive Examinations) Rules, 1997 and therefore the provisions of sub-rule (3)
of Rule 6 of the General Recruitment Rules cannot be applied to the candidates to be selected as per
special rules. Rule 6 of General Recruitment Rules on which reliance is placed, specifically provides
in sub-rule (1) that the age limit prescribed in that rule 6 is in cases in which provision is not made in the
rules of recruitment specially made. In which cases age relaxation can be made has been specifically
provided in Rule 5 of the Karnataka Recruitment of Gazetted Probationers’ (Appointment by
Competitive Examinations) Rules 1997. No relaxation of upper age limit has been provided in that
special rule to in-service candidates. Therefore, Rule 6(3) of General Recruitment Rules is not applicable
to the present case and the endorsements given by the respondents are in accordance with law.
For the above said reasons, we dismiss the application.
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