1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. W. P. No.4977 of 2008. Dilip Yashwantrao Chavan Vs. State of Mah. & another. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri JS Wankhede, Advocate for the petitioner. Mrs. TD Khade, AGP for Respondents no.1 & 2. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 8th December, 2008. Heard the Learned Counsel for the petitioner who aggrieved by the order of Maharashtra Administrative Tribunal passed on 22-2-2008 thereby dismissing the O. A. No.68 of 2008. The Maharashtra Public Service Commission had released an advertisement inviting the applications for 376 posts of Live Stock Development Officers, Maharashtra Animal Husbandary Service, Grade-A, and this recruitment drive was to fill in the backlog of the reserved categories. The petitioner had applied in response to the said advertisement and the MPSC held him ineligible on 2 account of his over age. This decision of MPSC was challenged by the Petitioner in O.A. No.68/2007. The date of birth of the petitioner is 1-7-1964 and admittedly,when he submitted the application on 23-3-2006, he was already 42 years of age. Clause-3 of the advertisement released by the MPSC on 10-2-2006 reads as under:- “3. Age: Not more than 38 years as on 1st June 2006. Th upper age limit shall not apply to permanent Maharashtra State Government Servants. The upper age limit will also not apply to temporary Maharashta Government servants having at least six months continuous service on the date of their applications. Age limit may be relaxed in the case of the candidates possessing exceptional qualifications or experience or both. The upper age limit will be relaxed in case of Physically Challenged candidates & Ex- servicemen as prevalent rules mentioned in the attached instructions brochure supplied to the candidates along with the Application Form. The upper age limit may be relaxed upto 5 3 years in the case of Meritorious Sportsmen considering their merit and eligibility.” Admittedly, the petitioner came to be appointed as a Live Stock Supervisor under ZP Yavatmal in the 1994, and he is not a permanent employee or a temporary employee of the State Government. The learned Counsel for the petitioner relied upon Rule No.8 of Maharashtra ZP District Service Rules, 1968 and submitted that he must be treated on par with the State Government Employees. Perusal of rule 8(1) of the said rules clearly states that its scope is limited to the Maharashtra Civil Services Rules (Joining time in the service and payment during suspension and dismissal and removal) Rules 1981, the Mah. Civil Services (General Condition Service) Rules, 1981 and the Mah. Civil Services (Pay) Rule 1981 and therefore, the petitioner cannot rely upon the said rules. 4 The learned Counsel for the petitioner then submitted that even otherwise, the petitioner would fall in the category of candidates possessing the exceptional qualification or experience or both. As far as the qualifications are concerned, the petitioner holds a Bachelor Degree in Veterinary Science and Animal Husbandary, which is the minimum required qualification. So far as the experience is concerned, he has been working as a Live Stock Supervisor and on the date he submitted his application or as on 1-6-2006, he had more than 11 years of experience. The advertisement released by the MPSC talks of exceptional experience and not merely experience in the lower post. This aspect has been considered by the Maharashtra Administrative Tribunal in the impugned order, and it concluded that the petitioner could not claim to be a candidate with exceptional experience and seeking relaxation in age. Admittedly, the petitioner is not a Physically Challenged candidate, and ex- servicemen or a meritorious sportsman. 5 We therefore, do not find any merit in the challenge raised in this petition against the order passed by the Maharashtra Administrative Tribunal and hence, the petition is rejected. JUDGE JUDGE /Muley/