THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.28861 OF 2010 ORDER: This writ petition is filed seeking to issue writ of mandamus declaring the action of the respondents in refusing to receive the application of the petitioner for the post of Shramik in respondent organization as illegal and arbitrary and consequently direct the respondents to appoint the petitioner as Shramik in respondent corporation. 2. The petitioner belongs to Schedule Caste Community and passed ITI in Diesel Mechanic Trade and undergone apprenticeship training in the said trade with APSRTC for a period of two years. The corporation issued recruitment notification in the month of October, 2010 for filling up the vacancies of Shramiks. When the petitioner went to office of R3 to make application, he was told that he is age barred. The age limit prescribed was 30 years and 5 years of age relaxation was given to S.Cs. Because of being over aged by 3 months, his case was not considered. Hence, the writ petition. 3. Learned counsel for the petitioner contended that for the same posts, which were notified now, have been earlier notified and that notification was cancelled and at that point of time, relaxation of age was given to the petitioners and the same benefit may be extended to the petitioner for this notification also. 4. On the other hand, learned standing counsel appearing for the respondents contended that only in exceptional cases the competent authority can relax the age for ten years maximum in case of S.Cs and S.Ts and therefore, there are no grounds to entertain the writ petition. 5. The factual matrix is not in dispute. It is also not in dispute that respondents notified Shramiks posts for zonal work shop. The age prescribed for the said post is 30 years. Age relaxation is five years in case of S.C, S.T and B.C. candidates. The petitioner is Scheduled Caste person. According to the affidavit filed in support of the petition, petitioner is aged about 36 years. It is not in dispute that petitioner underwent apprenticeship training between 2005 to 2007 with APSRTC. In terms of notification, though the petitioner is not eligible to submit the application for the post because of crossing of age of 35 years, at the same time the competent authority can relax the age as per Regulation 9 of APSRTC Recruitment Regulations, 2004, which reads thus: “Notwithstanding anything in these Regulations a competent authority may in exceptional circumstances for reasons to be recorded in writing make an order exempting any person or class of persons from the age limit prescribed therein.” Proviso to the said regulation reads thus: “Provided that a further concession of years in addition to the age concession of 5 years as above, shall be allowed in respect of candidates belonging to Scheduled Caste/Scheduled Tribe communities when a limited recruitment is conducted under Regulation 12 (2) (f)(i) subject to the condition that after allowing such age concession of 10 (ten) years under this proviso, the age of the candidate shall not also exceed the age of 45 years.” By virtue of the above proviso, the competent authority can relax age concession of 10 years. Therefore, the regulation empowers the competent authority to relax the age. It is the competent authority to decide whether the case of the petitioner falls under the purview of exceptional circumstances. For this purpose, appropriate decision has to be taken by the competent authority. 6. Therefore, the Writ Petition is disposed of directing the 4th respondent to receive the application of the petitioner subject to orders that may be passed by the competent authority under Regulation 9 of APSRTC Recruitment Regulations, 2004. No order as to costs. ---------------------- K.C.BHANU, J. DATED: 15-06-2011 Hsd