1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6215 OF 2009 Shri Sandip D. Borse ...Petitioner v. State of Maharashtra & Ors. ...Respondents. WITH WRIT PETITION NO.5568 OF 2009 Ramesh L. Borse & Ors. ...Petitioners. v. The State of Maharashtra & Ors. ...Respondents. WITH WRIT PETITION NO.5958 OF 2009 Shri Yogesh S. Mulay ...Petitioner. v. The State of Maharashtra & Ors. ...Respondents. Mr. R.M.Paranjpe with J.D.Khairnar, advs. for the Petitioners. Mr. C.R.Sonawane, AGP for the Respondent Nos.1 to 3. CORAM : F.I. REBELLO & J.H.BHATIA, JJ. DATED : NOVEMBER 05, 2009 P.C. 1 Rule. Heard forthwith. 2 In all these petitions, petitioners were working as Seasonal 2 Spraying Workers under the National Anti Malaria Programme. Rules came to be notified on 19th March, 2003 by the State of Maharashtra under Article 309 of the Constitution of India. Under these Rules, in so far as the post of Health Worker (Male) is concerned, recruitment was by both i.e., by promotion and by Nomination in the ratio of 10:90. We are concerned with the case of nomination. The quota by nomination was to be divided 50:40 between the Seasonal Spraying Workers and other candidates. Thus, there is a quota for Seasonal Spraying Workers. Source of the eligibility, conditions were, that the candidate must not be more than 30 years of age and must have been passed Secondary School Certificate Examination with science as one of the subjects. Preference was to be given to the candidates who not have less than 90 days experience. 3 Grievance of the petitioners is that though they meet the eligibility criteria considering the fact that they were put in longer years of service and the Rules were notified only on 19th March, 2003 and the recruitment process of filling posts was started much later in 2005, many of them are treated as age barred and not considered against the posts reserved for the Seasonal Spraying Workers. Petitioners herein have not challenged the condition of age. 3 4 In our opinion, the case of the petitioners and other like situated Seasonal Spraying candidates has to be considered sympathetically. If the question of age is to be considered then Seasonal Workers who have put in more service because of the age bar would be disqualified whereas new entrants who have put lesser service because of meeting the age requirements will alone be considered. This will result in inequality amongst Seasonal Spraying Workers. Most of the workers have put in several years of service. The Rules came into force in 2003. The recruitment itself commenced in 2005. Considering the above, in our opinion, these petitions will be disposed off by issuing the following directions: i In respect of those Zilla Parishads where recruitment process is completed though letters of appointment may not have been issued, no interference is called for. ii In case of those Zilla Parishads where the recruitment process has not completed the Seasonal Spraying Workers, who are more than 30 years of age have applied, their applications will be considered treating them as in service candidates and not applying the bar of 30 years as a one time measurement. iii In respect of vacancies, which may be notified for 4 recruitment such of the Zilla Parishads workers who may have crossed 30 years of age but otherwise eligible as a one time exception be considered for recruitment by relaxing age bar of 30 years treating them as in house candidates. iv The Government to consider if they can amend the rules providing for relaxation of age and for recruitment of seasonal spraying workers for direct recruitment considering the quota reserved for them. 5 Rule made absolute in each of the petitions. (J.H.BHATIA, J.) (F.I. REBELLO,J.)