C.W.P.No.2649 of 2007 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.2649 of 2007 (O&M) Date of Decision : 08.04.2008 Rakesh Chand .....Petitioner versus Municipal Corporation Chandigarh and others .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Shri Manu Bhandari, Advocate for the petitioner. Ms.Lisa Gill, Advocate for respondent Nos.1 & 2. Shri Nigam Bhardwaj, Advocate for respondent Nos.3 to 10. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT HEMANT GUPTA, J. This order shall dispose of Civil Writ Petition No.2649 of 2007 challenging the appointment of respondent Nos.3 to 10 against the posts of Firemen in the respondent-Corporation. The petitioner belongs to OBC Category and is graduate from Kurukshetra University, Kurukshetra. An advertisement was published by the Municipal Corporation, Chandigarh (hereinafter referred to as the 'Corporation'), on 30.7.2005, for filling up the 41 posts of Firemen, including 8 posts of OBC Category, in the Fire and Emergency Service of C.W.P.No.2649 of 2007 (O&M) 2 the Corporation. The aged prescribed for the said posts was 18 to 30 years. The criteria for physical test/standard was that of covering 100 yards distance in one minute with a weight of 60 Kgs.; lifting the hook stair by 3 and 6 round in the erect position and climbing pipe or rope from a height of 8 to 10 feet from the ground in an erect position. There was a condition of relaxation in age, which was to be following effect:- “Relaxation in Age: Relaxation in age would be given to the candidates belonging to Ex-servicemen category and Scheduled Caste Category in accordance with the order issued from time to time by the Government of India/Chandigarh Administration.” The claim of the petitioner is that respondent No.4 Sunil Kumar son of Raghbir Singh has been selected having obtained 74 marks as against the petitioner who secured 71 marks. The petitioner is at Sr.No.1 of the waiting list. It is contended by the petitioner that in fact, Sunil Kumar, respondent No.4, was more than 30 years of age, but the age has been relaxed in his case, though there was no condition of relaxation of age in case of the candidates belonging to OBC Category and, therefore, the selection of the said respondent is illegal and unjustified. It is also argued by learned counsel for the petitioner that the criteria of selection has been worked out by the Municipal Corporation and approved by the Secretary, Local Government on 12.1.2006 and, therefore, the said criteria cannot be made applicable in respect of the advertisement published on 30.7.2005. In reply to the writ petition, it has been pointed out that the Committee comprising of the Home Secretary-cum-Secretary, Local C.W.P.No.2649 of 2007 (O&M) 3 Government, Chandigarh Administration, Joint Commissioner, Municipal Corporation and Joint Secretary, Home Department, Chandigarh Administration, in its meeting held on 6.5.2005, discussed the mode of recruitment and qualifications for various posts to be filled up in the Fire Wing of the Municipal Corporation, Chandigarh. It was decided by the said Committee that the recruitment will be made keeping in view the qualifications provided in the Punjab Fire Brigade Rules, 1977, as adopted by the Municipal Corporation, Chandigarh and the criteria of selection will be worked out by the Municipal Corporation, Chandigarh. The Municipal Corporation worked out the criteria of selection and sent the same for approval of the Secretary, Local Government, Chandigarh Administration, on 27.7.2005 and the said criteria was approved on 12.1.2006. It has been further pointed out that though the respondent No.4 was 30 years and 3 months of age at the time of issuance of the advertisement, but as per the Instructions of the Government of India, issued in this respect from time to time, the relaxation in age upto 3 years is given to the OBC Category candidates and, thus, the said candidate is eligible for appointment. The petitioner has participated in the written test i.e., the part of the criteria worked out by the Municipal Corporation for which the approval was sought on 27.7.2005 i.e., before the advertisement was published. The approval of the Secretary, Local Government, was received on 12.1.2006 and thereafter the written test was conducted. The petitioner participated in the written test and invoked the jurisdiction of this Court having remained unsuccessful in the said written test. Having remained unsuccessful in the written test, the petitioner cannot be permitted to dispute the holding of C.W.P.No.2649 of 2007 (O&M) 4 written test. This question has been examined by this Court in detail in Civil Writ petition No.10186 of 2006, Ravinder Kumar Versus Commissioner, Municipal Corporation and another, decided on 07.04.2008. In respect of the argument raised by learned counsel for the petitioner that there was no condition of relaxation of age of the candidates belonging to the OBC Category, we do not find any merit. As per the Government of India, Department of Personnel and Training, Circular dated 22.10.1993, the upper age limit prescribed for direct recruitment is to be relaxed by three years in respect of the candidates belonging to OBCs Category. The condition in the advertisement is to the effect that the relaxation of age would be given to the candidates belonging to Ex- servicemen and Scheduled Castes categories in accordance with the orders issued from time to time by the Government of India/Chandigarh Administration. No doubt, the relaxation of age to OBC Category candidates is not specifically mentioned. But, the intention of the Government is apparent and in fact, the respondents had no option but to grant relaxation in age as per the Instructions of the Government of India. In fact, the relaxation following from the Circular of the Government of India provides a right in favour of the candidates of the OBC category to seek relaxation in age. Therefore, the relaxation granted to respondent No.4 cannot be said to be unjustified or unfair. The reliance of the learned counsel for the petitioner on the judgment of this Court reported as “Jagdev Singh Versus Director, Local Bodies, Punjab, 1999 (4) SCT 808” is not tenable. In the said case, the candidates are more than 40 years of age, whereas, the relaxation was C.W.P.No.2649 of 2007 (O&M) 5 possible only till the age of 40 years. Therefore, the said judgment does not provide any assistance to the petitioner. In view of the above, we do not find any illegality or irregularity in the selection process, which may warrant interference of this Court in exercise of writ jurisdiction. The writ petition is dismissed with no order as to costs. (HEMANT GUPTA) JUDGE 08-04-2008 (MOHINDER PAL) *mohinder JUDGE