Writ petition seeking direction to consider a petitioner's candidature for a Block Resource Teacher post despite over-age. The court held the petitioner is estopped from seeking age relaxation as they applied knowing the criteria, dismissing the plea.
Direction to opposite parties not to reject candidature was dismissed; no relaxation of age limit granted.
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W.P.(C) No. 22579 of 2010
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Perused the record. The petitioner has filed this application seeking for a direction to opposite parties not to reject the candidature of the petitioner applied for the post of Block Resource Teacher (BRTs) on IE under District Project Office, SSA, Nayagarh.
The petitioner has pleaded in this writ petition that pursuant to advertisement dated 12.11.2010, published in the local daily “The Samaj” on 14.11.2010 inviting applications from the eligible candidates having requisite qualification for the post of 17 nos. of Block Resource Teacher (BRTs) on IE under District Project Office, SSA, Nayagarh, to which petitioner applied for the same. As per the advertisement, the candidate must be within 18-42 years of age as on last date of submission of application i.e. 24.11.2010. Since the petitioner has crossed the upper age limit, his candidature may not be considered by the opposite parties for the said post. In that view of the matter, he filed the present application seeking for a direction to consider his case condoning the over age.
Pursuant to notice dated 23.12.2010, the opposite parties have filed their counter affidavit, wherein it has been stated that pursuant to the eligibility criteria in the advertisement since the petitioner was over age, his application could not have been taken into consideration. It is further contended
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that knowing fully well about the eligibility criteria that the age has been fixed for submission of application between 18-42 years of age, the petitioner having over age, applied for the same. The petitioner having accepted the terms and conditions laid down in the advertisement applied for the same and subsequently cannot challenge the same and seek for relaxation of age in the present application. Thereby, the application submitted by the petitioner has been rejected in consonance with the terms and conditions issued in the advertisement. Therefore, no illegality or irregularity has been committed by the authority concerned.
Considering the pleadings available on record, admittedly, advertisement has been issued fixing the age criteria between the age group of 18-42 years of age. Knowing fully well about the eligibility criteria, the petitioner applied for the post advertised, but when he realizes that his application may not be considered, because by the time he was over age, he filed this application. As such he is estopped to do so. Pursuant to advertisement, the petitioner cannot claim for relaxation of his over age. In view of such position, this Court is not inclined to grant any relief to the petitioner in the present case. Accordingly, the writ petition stands dismissed.
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Dr. B.R. Sarangi, J
Ajaya
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3 issues framed by the court
Whether a candidate who applied for a post despite knowing the age criteria and subsequently realizing their age is over, can claim relief for condonation of over-age while being estopped from challen
Whether the writ petition for relaxation of age limit in a recruitment advertisement should be allowed when the applicant was aware of the eligibility criteria.
Whether the petitioner is estopped from seeking age relaxation after applying with full knowledge of the age limits specified in the advertisement.
The Petitioner
Opposite Parties
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
