1wp-1067-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.1067/2010 Shekhar Shashikant Athalye .. Petitioner. v/s Dr Balasaheb Sawant Kokan Krishi Vidyapeeth & Anr .. Respondents. Mr R.V.Govilkar, Advocate for the petitioner. Mr S.R.Nargolkar, A.G.P., for the Respondent No.2. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 9TH FEBRUARY,2010 P.C.:- By this petition, the petitioner seeks direction that his application for the post of Assistant Professor in the subject of Agro Meteorology should be directed to be considered by respondent No.1 University.By the advertisement it is made clear that the maximum age will be 33 years for 2wp-1067-10 the candidates from open category for submitting application. For the persons who are in the service of Agricultural Universities the age limit does not apply. Admittedly, the age of the petitioner on the day on which he made the application, i.e. 30-8-09 was in excess of 33 years. It is also an admitted position that the petitioner was not in service of any Agricultural University on 30-8-09. We asked the learned counsel for the petitioner to point out us the service rules which lay down the age limit. The learned counsel states that he is not in a position to show us that any such rules. We have also asked the learned counsel to show any provisions in the service rules which permit relaxation of the age limit. The learned counsel states that he is not in a position to show any such provisions. The learned counsel relied on the order passed in Writ Petition No.6358/2003 Sakharam Dashrath Desai Vs. State of Maharashtra and others dated 5.12.2003 to claim the relaxation in age. In that case, the order was made directing the University to consider the application of over aged candidate. From that order it appears that the Government had the power, in that case, to relax the age limit. Pursuant to that power the Government had agreed to relax age limit in case of those candidates who were in temporary service. In our opinion, as the learned counsel is not in position to point out the rule 3wp-1067-10 governing the age limits. In the absence of any rule granting power to any authority to relax the age, in our opinion, we cannot make such a order. The learned counsel also relied on the order of the learned Single Judge in Writ Petition No. 3375/2006 Uttam Vs. State of Maharashtra dated 12.5.2006. Perusal of that order shows that the petition related to the post of Senior Research Assistant in Horticulture and relying on the order in Sakharam s case referred to above learned Single Judge directed the University to consider the application. For the reasons, indicated above, in our opinion, we will not be in position to make same order because we have not been pointed out relevant law. Petition, therefore, cannot be entertained. It is hereby rejected. (JUSTICE D.K. DESHMUKH,J) (JUSTICE A.R.JOSHI,J)