Case: DELHI SUBORDINATE SERVICES SELECTION BOARD &amp; ANR Vs. SEEMA KAPOOR

2. The respondent is serving as Teacher (Primary) in South Delhi Municipal Corporation(For short, the Corporation) since 7.4.2006. The appellant invited applications for various posts including the post of PGT (English) Female, Post Code No. 133/2012, vide Advertisement No. 2/2012. The age limit as per the advertisement in respect of the post for which the respondent was an applicant reads thus:Age Limit: Below 36 years & relaxable in case of Govt. Servant and departmental candidates upto 05 years in accordance with the instructions or orders issued by the Central Government. This post is identified as suitable for OH/VH persons only as per the Requisition of the User Department.3. The respondents date of birth is 10.2.1976 and on the closing date of the receipt of the applications i.e. 15.6.2012, she was more than 36 years of age. The learned Tribunal allowed the OA filed by the respondent holding that she was entitled to age relaxation as the Corporation falls under the ambit of Government Organisation. It is the said order which was affirmed by the High Court.

Reasoning:
8. We have heard learned counsel for the parties and find that the order passed by the Central Administrative Tribunal and that of the High Court are not sustainable. Firstly, the High Court has quoted a wrong provision in the order passed relating to subsequent advertisement. Secondly, the benefit of age relaxation is permissible for government servants and departmental candidates. It is not even the stand of the respondent that she is a government servant and, rightly so, as she is employed in an autonomous body i.e. Municipal Corporation established under a specific statute. The expression Departmental Candidates is in respect of the candidates who are working in the concerned Department i.e. Education. The Circular of the Government of India dated 27.3.2012 has made it explicitly clear that the benefit of age relaxation is only meant for civil employees of the Central Government and not to the employees of the autonomous bodies, public sector undertakings etc. Therefore, the respondent, as an employee of the autonomous body, i.e. the Corporation, is not entitled to age relaxation either as a departmental candidate or as a government servant.9. The argument that the respondent is in the feeder cadre and should be treated as a departmental candidate is again not sustainable. The Recruitment Rules mentioned by the respondent provides a promotion channel to the teachers working in the Municipal Corporation. Such channel of promotion is in no way comparable for appointment to the post as direct recruit. The respondent would be entitled to be considered for promotion in terms of the statutory rules on the basis of her seniority. Therefore, the respondent is not entitled to age relaxation as she cannot be considered as a departmental candidate for appointment by way of direct recruit.