'%"! ••^} j JSS TKB HIOH COBS?_ O? M H¥A PiU©^Hja JABAIiPQRj :^'", PSTITIGNERt "2. P»«Ea«dais,s/«Stari ShyMia^ PaaKa* Bssideat «fvillaga - ©atiawltt,isatosil- Balada I»aza»« disfecl.ete - &ai.p«r CM.r.) RBS?a@EN'ES» ^ 1. Mulda:s», s/e ®aalE'am»<easte" Satawii, r/»villag®-S<**artllt» tabsil - Bal»5la~]s»z«r»dlsfet. Raigar (M.E.) ' (M.1F.) RalSia- B&visi«n, S^S.fVK (M.F.) Raipur (M.F.) BlSt.riet-Raipur («.?•) ,1.1 WSfSlQS CTDER AB.TICISS HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 3531 of 1994 Petitiouer Poorandas Versus Respondent Mukhram & others Sia^le Bench : Hon'ble Mr. Justice Satish K. ^aihotri. Shri Prakash Tiwari, counsel for fhe petitioner. Snit. Kiran Jaia, counsel for fhe respondent No. 1. Shri V.V.S. Moorthy, Deputy Advocate General with Shri Ajay Dwiyedi, Pauel lawyer for the respondente/State. ORAL ORDER (20*h Jvty. 2006) The foUowiag order offhe Court is passed by Satish K. AgnUlotri, J. 1. Leamed counsel for the petitioner submite that the petitioner along wifh the respondent No. l and oue Shri Dubichaad, son of Shri Shyaniratan Satnami inade au appUcation for appoiEttmient on fhe post of Kotwar, vfllage Baloda Bazar, District Raipiu-, pursuaut to the pubMc announceinent 2. Admittedly, the age of the petitioner on fhe last date of fhe appUcation was 19 years, 6 months aud 5 days when fhe condition of eUgibility for fhe post of Kotwar, vraa fhat the person should not be below fhe age of 21 years. The appUcation of the petitioner was rejected and the respondent No. 1 was selected on the post ofKotwar. 3. The Naib-Tahsildar by his order dated 1.1.1992 (Annexure A/1) held that the age of the petitioner on the last date of fhe appUcation was 19 years, 6 months aad 5 days aad as such he was not entiUed to the appouituient on the post of 8. Kotwar as per Rule 2 of the Rules Regarding Appointment, Puiustunent aad Removal of Kotwars and their Duties (hereinafter referred to as ''Rules"). Therefore, the appoiatment of the respondent No. 1 was held to be legal and rejection of the petitioner's caadidature was held as proper and vaUd. The Sub Divisional Officer, Baloda Bazar ia an appeal ffled by fhe petitkiner, wrongty interpreted the provisions of Rules and quashed the order dated l.1.1992 (Annexure A/l) passed by the Naib-Tahsiklar, Baloda Bazar. The respondent No. 1 inoved aa appeal before the Additional Coininissioner, Raipur. The Additioiial Conunissioner, Raipur by his order dated 7(b October, 1993 (Axinexure A/3) aSBrmed the order dated 11.1.1993 (Aiuiexure A/2) passed by the Sub Diyisional OfEicer, Baloda Bazar. The Conunissioner also ignored the provisions oflaw completely. The Board of Revenue in Revision ffled by fhe respondent No. 1 rightiy held fhat fhe petitioner was not of 21 years, which was the requirement of law at the tume of inaking application. Accordingly, the Boaid of Revenue by order dated 17th Februaiy, 1994 set aside the order dated 11.1.1993 (Aiuiexure A/2) passed by the Sub Divisional Ofi&cer, Baloda Bazar aad order dated 7th October, 1993 (Axuiexure A/3) passed by fhe Additioiial Conunissioner, Raipur and restored the order dated 1.1.1992 passed by the Naib-Tahsildar.. I have heard learaed counsel for the parties and perused the records appended to the petition. Admittedly, the petitioner at the tune of making appUcation on fhe last date ofthe appUcation was not 21 yeara but 19 years, 9. 6 laonths and 5 days and as such he was not el^ible for appointment on the post of Kotwar. Riile 2 of Rules is quoted hereiabelow, "2. No person shaU be eUgible for fhe post of Kotwar, who- (i) is, in the opinion offhe appointing authority, not of good character and antecedents; (ii) is, ia the opuuon of the appointuig authority, zmfit through mfirmity of body or inind, to perform the duties ofthe post; (ii^ is belaw the age of 21 years;" On the plain reading of the Rule 2, tfae order passed by thc Revenue Conuaissioner is valid, lawful and does not suffer from aay iafirmity or illegalily. This petition is accordiagly disinissed. No order as to costs. Sd/- Satish K. Agnihotri Judge Bablu