HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.21610 OF 2009 Dt.27.11.2009 Between: The Post Master General, Hyderabad Region, Hyderabad And another .. Petitioners And A.Amrutha Rao .. Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.21610 OF 2009 ORDER: (per Sri Justice V.Eswaraiah) Petitioners herein are respondents in O.A.No.585 of 2008 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, filed by the respondent seeking to declare the order dated 1.8.2008 issued by the 2nd petitioner herein rejecting the application of the respondent on the ground that the posts notified are to be filled up in the open category and the age relaxation is not permissible to consider his application to the post of Postal Assistant/Sorting Assistant pursuant to the notification dated 30.6.2008. The Department of Posts invited applications for filling up of Department quota vacancies of Postal Assistants/Sorting Assistants for the years 2001 and 2002. In pursuance to the said notification, the respondent, who belongs to SC category and who crossed the age of 28 years, submitted his application. The said application has been rejected on the ground that the posts notified are to be filled up in the open category and the age relaxation is not permissible. The Tribunal following the judgment of the Division Bench of this Court in W.P.No.22972 of 2005 in T.Shambhoji Rao v. Government of Andhra Pradesh[1] wherein it was held that the State Government, in its wisdom, has chosen to provide five years age relaxation in favour of reserved category for being considered for appointment, allowed the said O.A. directing the petitioners herein to give opportunity to the respondent-applicant to compete for the posts notified vide notification dated 30.6.2008 along with others on the basis of the merit. Aggrieved by the same this writ petition is filed contending that the Ministry of Personnel, P.G. & Pensions, Department of Personnel and Training issued office memo No.36011/1/98-Estt(Res), dated 1.7.1998, stating that the relaxation of the age limit is applicable in favour of SC/ST/OBC candidates in respect of vacancies meant for the reserved category only, but not for the open category. We have perused the said office memorandum dated 1.7.1998. Paras 2 and 3 of the said office memo read as follows: “O.M. dated May 22, 1989 referred to above and the O.M.No.36012/2/96-Estt.(Res), dated July 2, 1997 provide that in cases of direct recruitment, the SC/ST/OBC candidates who are selected on their merit will not be adjusted against reserved vacancies. In this connection, it is clarified that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidates, for example in the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates etc., the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against unreserved vacancies.” Para 2 of the aforesaid office memo provides that in cases of direct recruitment, SC/ST/OBC candidates who are selected on their merit will not be adjusted against reserved vacancies. Further, it is also clarified that if the reserved candidates are selected on the same standard as applied to general candidates, they shall not be adjusted against reserved vacancies. We are of the opinion that the intention of the said office memo is to clarify that if the reserved candidates are selected on merit they will occupy the general seats in open category, but their selection shall not be adjusted against reserved vacancies. Therefore, the second part of para 3 of the office memo shows that if the reserved candidates are selected for reserved vacancies, the age relaxation is not applicable. However, the respondent filed the application pursuant to the notification, dated 30.6.2008. In the said notification it is noted that if SC/SC/OBC are to appear in the exam against the vacancies for OC, the existing provisions relating to condition of age will apply. The relaxation of age in favour of SC/ST/OBC is concerned, we are of the opinion that this Court in T.Shambhoji Rao v. Government of A.P. (supra) rightly held that the concession of an upper age limit would enable the reserved candidates to compete not only for the posts reserved for their category, but also for posts in the open category. Since the Tribunal followed the aforesaid judgment of this Court, we do not see any error committed by the Tribunal and the order of the Tribunal in O.A.No.585 of 2008, dated 18.9.2008, does not require any correction. The writ petition is accordingly dismissed. ________________ V.ESWARAIAH, J. __________________________ VILAS V. AFZULPURKAR, J. 27.11.2009 kpr [1] 2006 (3) ALD 819 (DB)