IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 4685/2008 Reserved on: 29.11.2010 Decided on: 7.12. 2010 _____________________________________________ Yadvendar Singh. …Petitioner. Versus The Director of Primary Education and others. …Respondents. _______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Lokender Paul Thakur, Advocate. For the Respondents: Mr. P.M. Negi, Dy. Advocate General with Mr. R.P. Singh, Asstt. Advocate General for respondents No. 1 and 2. Mr. Rupinder Singh, Advocate for respondent No.3. ____________________________________________________ Justice Rajiv Sharma, Judge. Petitioner has assailed the appointment of respondent No.3 for the post of Part Time Water Carrier in Government Primary School, Kangar Banona, Tehsil Pachhad, District Sirmaur. Case of the petitioner, in a nutshell, is that he had applied for the post of Part Time Water Carrier in Government Primary School, Kangar Banona. He submitted 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 the application alongwith certificates that he belongs to I.R.D.P. family and he resides within the radius of one kilometer from the school, where the appointment of Part Time Water Carrier was to be made. However, the fact of the matter is that respondents No.1 and 2 have appointed respondent No.3 as Part Time Water Carrier in Government Primary School, Kangar Banona. 2. According to Mr. Lokender Paul Thakur, respondent No.3 had not attained the age of 18 years at the time when he was selected as Part Time Water Carrier. In other words, his submission is that since the petitioner was under-age, he could not be offered the post of Part Time Water Carrier. 3. Mr. P.M. Negi, learned Deputy Advocate General and Mr. Rupinder Thakur have strenuously argued that since the petitioner had not completed 18 years of age, he was permitted to discharge his duties as Part Time Water Carrier in Government Primary School, Kangar Banona after he completed 18 years of age. 4. I have heard the learned counsel for the parties and have perused the pleadings carefully. 5. The minimum age prescribed for the Government jobs in the State of Himachal Pradesh is 18 3 years. The candidates are required to possess minimum age at the time of last date of receipt of application or date prescribed under the Recruitment and Promotion Rules. Respondent-State was directed to seek the instructions about the age of respondent No.3 at the time of his selection. Mr. P.M. Negi has placed on record copy of letter dated 14.10.2010 whereby it has been specifically admitted that the age of respondent No.3 was 17 years 8 months and 23 days on 29.7.1997. In view of this, the appointment letter could not be issued to respondent No.3. The appointment of respondent No.3 was illegal since he had not attained the age of 18 years at the time of submission of application or even at the time when he was selected on 29.7.1997. The rigours of the rules could not be defeated by permitting respondent No.3 to join his duties, as Part Time Water Carrier in Government Primary School, Kangar Banona, after attaining 18 years of age. 6. Accordingly, in view of the observations made hereinabove, the petition is allowed. Annexure ‘A’ dated 7.8.1997 is quashed and set aside. Respondents No.1 and 2 are directed to redo the entire selection process for filling up the post of Part Time Water Carrier in Government Primary School, Kangar Banona within a period of three months from 4 today. Petitioner and respondent No.3 are declared eligible to be considered for the post. Till the selection process is completed, respondent No.3 is permitted to discharge his duties, as Part Time Water Carrier in Government Primary School, Kangar Banona. There shall, however, be no order as to costs. (Rajiv Sharma), Judge 7.12. 2010 *awasthi*