IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6637 of 2007 Between: Ms. M. Anuradha, B.A. B.L., D/o. Sri M. Ranga Rao, Hindu R/o. S. Kota, Vizianagaram District. ..... PETITIONER AND The Chairman, State Level Police Recruaitment Board, A.P., Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction in the nature of mandamus declaring the supplemental Notification to Notification No. 600/R&T/Genl.1/2006 dt. 29-12-2006 in R.C.No. 600/R&T/Genl.1/2006 dt. 1-3-2007 fixing the maximum age limit of 33 years will be reckoned as on 1-7-2002 instead of 1-7-2006 in respect of direct recruitment to the post of the Asst. Public Prosecutors notified by the state level Police Recruitment Board, Hyderabad as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India and to pass such other order or orders in the circumstances of the case. Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 6637 of 2007 Order: The petitioner states that the respondent has issued a notification dated 29.12.2006, inviting applications from the eligible candidates for filling up the posts of Assistant Public Prosecutors, and as per the said notification the maximum age limit of 33 years, prescribed for appointment to the said post, will be reckoned as on 01.07.2006. While the matter stood thus, the respondent again issued supplemental notification dated 01.03.2007, changing the date of reckoning the maximum age of 33 years from 01.07.2006 to 01.07.2002. Questioning the said supplemental notification issued by the respondent, fixing the maximum age limit as 33 years for applying to the post of Assistant Public Prosecutor, the petitioner filed the present writ petition. A counter affidavit is filed by the respondent stating that since the date of birth of the petitioner, as mentioned in her affidavit filed in support of the writ petition, is 22.04.1969, she is over aged and she is not eligible to be considered for the post of Assistant Public Prosecutor, as per para 4(a) of the notification dated 29.12.2006. It is further stated that the supplemental notification dated 01.03.2007 was issued in consequence of G.O. Rt. No. 330, dated 21.02.2007, whereby the Government have relaxed the eligibility criteria relating to age by four years, and even after the relaxation given in the supplemental notification dated 01.03.2007, the petitioner is over aged and she is not eligible to be considered for the post of Assistant Public Prosecutor. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. As per the terms and conditions of the supplemental notification dated 01.03.2007, issued in continuation of the notification dated 29.12.2006 by the respondent, inviting applications from eligible candidates for appointment to the post of Assistant Public Prosecutors, the age prescribed for applying to the said post is candidate must not have attained the age of 33 years as on 01.07.2002, i.e., he/she must have been born not earlier than 02.07.1969, and the relaxation of upper age limit prescribed is as under: i) upto a maximum of five years for the purpose of general recruitment if a candidate belongs to a Backward Class/ Scheduled Caste/Schedule Tribe. ii) Upto a maximum often years for the purpose of limited recruitment if a candidate belongs to a Scheduled Tribe. iii) Upto a maximum of ten years if a candidate is a Orthopaedically handicapped person. iv) To the length of regular service limited upto a maximum of five years if a candidate is an employee of A.P. State Government (Employees of APSEB, APSRTC, Corporations, Municipalities, Local bodies etc. are not entitled for age relaxation). v) Bythree years in addition to the length of service rendered in the Armed Forces for the candidates who served in the Armed Forces. vi) By three years in addition to the length of service rendered as a whole time Cadet Corps Instructor in NCC provided the candidate rendered a minimum service of 6 months as a whole time Cadet Corps Instructor in NCC. According to the own admission of the petitioner, her date of birth is 22.04.1969, and if the said date is reckoned for computing the age to be eligible for applying the post of Assistant Public Prosecutor, the petitioner is over aged by two months nine days, even after giving age relaxation in the supplemental notification dated 01.03.2007. Since the petitioner is over aged, she is not eligible to apply for the said post, and no exception can be taken to the action of the respondent in not considering the case of the petitioner for the said post on the ground that she is over aged, and more so when it is not even her case that she comes under any one of the above said conditions prescribed for relaxing the upper age limit. The writ petition is devoid of merit and the same is accordingly dismissed. No costs. ___________________ N.V. RAMANA, J. Date: 22.02.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Chairman, State Level Police Recruitment Board, A.P., Hyderabad. 2. The Govt. Pleader for Home, High Court Buildings (OUT) 3.2CCs to 4.2CD copies Form-NIC-OGS/WP{VSMI}