CWP(T) No.6887/2008 17.08.2010 Present: Mr. Bhuvnesh Sharma, Advocate for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. R. M. Bisht, Dy. A.G. for the respondents Mr. R. M. Bisht, learned Dy. Advocate General has placed on record instructions dated 13.9.2006. It reads as under:- “No. Ayur-E(3)-54/2006 Govt. of Himachal Pradesh, Department of Ayurveda. From The Secretary (Ayurveda) to the Govt. of Himachal Pradesh, Shimla-2 To The Addl. Advocate General, H.P. Administrative Tribunal, Shimla-2. Dated shimla-2 the 13th September, 2006 Sub: O.A. No. 2980/2000 – Shri Rajiv Kumar Saundhi (MO) vs. State. Sir, I am directed to refer to your letter No.2980/2000-14136, dated 25.8.2006 on the above cited subject and to inform you that as per Recruitment & Promotion Rules for appointment in the post of Ayurvedic Medical Officers (Class-I Gazetted), the maximum age limit is 45 years. It is pertinent to mention that if the petitioner’s age is between 18 to 45 years he shall be eligible to be appointed on batch wise basis as and when the appointments are to be made by the Government. Sd/- Deputy Secretary (Ayurveda) to the Govt. of H. P.” 2. From the same, it is evident that if found eligible, petitioner would be considered for appointment on batch wise basis. This of course would be at the time when the Govt. considered making appointments. As on date, petitioner has crossed the age of 45 years, but however at the time when the instructions were issued petitioner was eligible. Unfortunately, the matter was not brought to the notice of the Court at that time. 3. It is orally submitted by Mr. Bhuvnesh Sharma, learned counsel for the petitioner that Govt. has taken a conscious decision of relaxing the criteria of age in the case of other similarly situated persons. This was done in the year 2009. This fact is not evident from the record. Subsequent developments which have taken place have not been placed on record by way of an affidavit. No steps have also been taken for amending the present petition. 4. Be that as it may be, considering the instructions issued by the Deputy Secretary (Ayurveda) to the Govt. of Himachal Pradesh, present petition is disposed of with the directions that petitioner’s case for appointment, on batch wise basis, be considered in accordance with law. This shall be done as and when the appointments are being made by the Govt. on batch wise basis. With regard to the criteria of age, the Govt. shall also consider relaxing the same. Needless to add any such decision shall be taken strictly, in accordance with law and the prevailing policy at the relevant time. Petition is disposed off with the aforesaid observations. ( Sanjay Karol ), Judge. August 17, 2010 (rana)