IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 6932 of 2008 Date of Decision : October 20, 2010 Sh. Sansar Singh Dhiman Petitioner Versus State of H.P. and others. Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Bhuvnesh Sharma, Advocate with Mr. Ramakant Sharma and Mr. K. C. Sankhyan, Advocates, for the petitioner. For the respondents : Mr. Ram Murti Bisht, Dy. Advocate General with Mr. Ramesh Thakur, Asstt. A.G. for the respondents. Sanjay Karol, J. (Oral) Mr. P. S. Draik, Director Ayurveda is present in the Court. 2. In this petition petitioner has prayed for the following reliefs:- “(i) That the order dated 4.7.2005 passed by the respondent No. 1 whereby the representation of the applicant has been rejected, may very kindly be quashed and set-aside. Whether reports of Local Papers may be allowed to see the judgment? 2 (ii) That the respondents may very kindly be directed to consider the applicant for appointment to the post of Ayurvedic Medical Officer on batch wise basis. (iii) That entire records pertaining to the case may kindly be summoned from the respondents for the kind perusal of this Hon’ble Tribunal. (iv) Any other order which this Hon’ble Tribunal deems just and proper in the facts and circumstances of the case may also be passed in favour of the applicant and against the respondents.” 3. Facts are not in dispute. On 26.2.2005 permission to fill 85 posts of Ayurvedic Medical Officers was accorded by the State Government. Accordingly respondent No. 2 sent requisitions to all concerned for filling up the posts. Notice in the newspaper was also published. Selection process was completed. But before letters of appointment could be issued to the successful candidates entire selection process was cancelled by the Government. Consequently fresh steps for filling up vacant posts were initiated some time in the month of December, 2008. 4. Importantly on 7.1.2009 Government took a decision to uniformally relax the condition of maximum age of the candidates as stipulated under R & P Rules. Letter, taken on record today, to this effect reads as under:- “From Principal Secretary (Ayurveda) to the Government of Himachal Pradesh. To The Director of Ayurveda, Himachal Pradesh, Shimla – 171 009. 3 Dated: Shimla–171002, the 7th January, 2009. Subject:- Relaxation in maximum age in the proposed recruitment of Ayurvedic Medical Officers to be made on batchwise in relaxation of R&P Rules. Sir, In continuation of this Department’s letter/ endorsement of even number dated: 30th October, 2008/2nd December, 2008/27th December, 2008, on the subject cited above and to inform that this Government has now decided to raise the upper age limit of 45 years by 5 years i.e. upto 50 years for batchwise recruitment as one time measure only in relaxation of R&P Rules of the post of Ayurvedic Medical Officer. You are requested to take immediate necessary action accordingly. Yours faithfully, Sd/- Under Secretary (Ayurveda) to the Government of Himachal Pradesh.” 5. There is no doubt that petitioner could not be considered for appointment on batch wise basis for the simple reason that as on 7.1.2009 he was more than 50 years of age. 6. According to Mr. Ram Murti Bisht, learned Deputy Advocate General petition has become infructuous. It is true that in this petition petitioner has not assailed the fresh selection process but however it is also a matter of fact that this petition is pending for the last six years. In rejoinder petitioner has specifically pleaded that his case for appointment on batch wise basis can be considered 4 if the Government were to relax the criteria of age in exercise of its powers under the provisions of Clause 5.6 of Chapter V of the Hand Book on Personnel Matters (Vol.-I). 7. Having gone through the record I am of the view that a direction can be issued to respondents to consider the petitioner’s case for appointment on batch wise basis by resorting to the said provision. 8. There is no dispute that maximum age limit prescribed under the R & P Rules is 45 years. However in accordance with Clause 5.6 the government could relax this condition by a further period of five years in case of a candidate belonging to Scheduled Castes/Scheduled Tribes. 9. Now Government uniformally enhanced the upper age limit of all the candidates from 45 years to 50 years. This was so done independent of its power under Clause 5.6. Undisputedly petitioner is a Scheduled Caste candidate and entitled to the benefit of relaxation meant for special specified category of persons. Therefore Government ought to have considered according benefit of Clause 5.6 to him. Petitioner’s date of birth is 31.5.1956. As such today he is not more than 55 years of age. 10. Under these circumstances respondents are directed to consider the petitioner’s case for relaxation of the age limit in exercise of their powers under Clause 5.6 of Chapter V of the Hand Book on Personnel Matters (Vol.-I) for the purposes of giving 5 appointment to him on batch wise basis. This of course shall be subject to availability of a vacant post and in accordance with law. 11. Consequential action be taken within a period of three months from the date of receipt of the certified copy of the order. 12. With the aforesaid observations petition stands disposed of. (Sanjay Karol), Judge. October 20, 2010 (PK)