Judgment:
CWP No.15862 of 2012 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.15862 of 2012 Date of decision:
2. 4.2013 U.T.Administration and others ....Petitioners Versus Central Administrative Tribunal Chandigarh and others ....Respondents CORAM: HON'BLE Mr.JUSTICE SURYA KANT HON'BLE MR.JUSTICE R.P.NAGRATH PRESENT: Mr.Harkesh Manuja, Advocate for the petitioneRs.Mr.S.N.Yadav, Advocate for respondent No.2.
SURYA KANT, J.
(ORAL) The short question that arises for consideration is whether respondent No.2 can be deprived of competing in the open category only on the ground that while applying as OBC candidate she sought relaxation in age admissible for various reserved category candidates?.
The matter pertains to the recruitment of Constables in Chandigarh Police.
The second respondent was amongst the applicants who applied for 377 posts earmarked for female candidates.
Out of these 63 posts were reserved for Scheduled Caste candidates and 113 posts were reserved for OBC candidates.
The second respondent who admittedly belongs to OBC reserved category, also applied against the above-mentioned posts.
While the prescribed age for general category candidate was 18 to 23 years as on 1.1.2010, the maximum age in the CWP No.15862 of 2012 -2- case of OBC candidates was relaxed up to 26 yeaRs.The second respondent availed the benefit of age relaxation and then competed for the said post.
She obtained 39 marks in the written test which were admittedly more than the marks obtained by the last candidate of general category i.e.37 marks.
The second respondent was not considered and was not called for interview on the premise that she had availed the benefit of relaxation in age as a reserved category candidate.
The Tribunal annulled the action of the petitioner-Administration and has issued direction to call the second respondent for interview, keeping in view the fact that she secured marks higher than the last candidate of general category.
The aggrieved Administration has approached this Court.
In our considered opinion, the issue is no longer res integra as Hon'ble Supreme Court in Jitendra Kumar Singh and another versus State of Uttar Pradesh and otheRs.2010 (3) SCC 119.has settled the controveRs.laying down that after the age relaxation and waiver of examination fee for SC, ST or OBC candidates once they are allowed to compete the examination, their merit will have to be determined on the basis of their performance in the competitive examination.
Following the above-stated dictum, we do not find any merit in the instant writ petition and the same is accordingly dismissed.
( SURYA KANT ) JUDGE April 02, 2013 ( R.P.NAGRATH ) rishu JUDGE