THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.25080 of 2009 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) The petitioner seeks to issue a Writ of Mandamus to declare Rule 4 of the Rules framed to fill up the posts of Assistant Commandants (Executive) in Central Industrial Security Force (for short “CISF”), through a Limited Departmental Examination vide Notification No.45013/01/1001/Pers.I of Ministry of Home Affairs, Government of India, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to consider the candidature of the petitioner for appointment to the post of Assistant Commandant (Executive) in CISF. The petitioner was appointed as Sub-Inspector (Executive) in CISF on 02-02-2002. It is stated that as per Rule 3 of the said Rules, the candidates should have completed four years of regular service as on 01-01-2009 in the rank of Sub-Inspectors and should have clean service record for four years of the ACR years. It is stated that the petitioner has successfully completed four years of regular service in 2006 itself, and he has clean service record for more than four years and, therefore, he is eligible for appointment to the post of Assistant Commandant (Executive) in CISF as per Rule 3 of the said Rules. It is further stated that as per Rule 4 of the said Rules, the candidate must not have attained the age of 35 years as on 01-08-2009 and he must have been born not earlier than 02-08-1974. However, the upper age limit prescribed above will be relaxed up to a maximum of five years, if a candidate belongs to a Scheduled Caste or a Scheduled Tribe. The petitioner does not belong to the reserved category. Therefore, as per Rule 4 of the said Rules, the petitioner will be eligible to appear for examination, if he is aged less than 35 years as on 01-08-2009. The date of birth of the petitioner is 23-06-1974 i.e., he has born earlier than 2nd August 1974. As per Rule 4 of the said Rules, whoever has born after 02-08-1974 alone is eligible, as they will complete 35 years of age as on 01-08-2009. Learned counsel for the petitioner submits that there cannot be any justification on the part of the Rule making authority i.e., the 1st respondent in prescribing two cut off dates under Rules 3 and 4 of the said Rules. For the purpose of experience and ACR years, the cut off date prescribed under Rule 3 of the said Rules is 01-01-2009, but for the purpose of age limit, the cut off date prescribed under Rule 4 of the said Rules is 01-08-2009. It is stated that the cut off date for both experience and ACR years as well as the age limit should have the same date either 01-01-2009 or 01-08-2009. We are of the opinion that if the cut off date 01-01-2009 prescribed under Rule 3 is also prescribed under Rule 4 of the said Rules, even then, the petitioner will not be eligible for appointment to the post of Assistant Commandant (Executive) in CISF. Therefore, we are unable to accept the contention of the petitioner, as there could not be two cut off dates for different purpose. We are of the opinion that prescribing two cut off dates will not lead to any discrimination among the class. If the cut off date of 01-08-2009 is changed, several persons may get excluded. In fact, prescribing the age limit under Rule 4 of the said Rules is for the benefit of many of the candidates. If the cut off date for age limit is prescribed as 01-01-1990, many of the candidates will become age barred. The cut off date for experience under Rule 3 of the said Rules has nexus with the ACR years prepared for the all India in-service candidates. Similarly, the cut off date prescribed under Rule 4 is nexus with the age of the persons, who is competent for recruitment. Therefore, it cannot be said that the cut off dates have no nexus and cannot be said to be irrational. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date: 18-12-2009 Prv