Judgment:
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10548/2016 Date of Decision:
28. h July, 2017 CONST KARAN SINGH Through: Ms. Ankita Patnaik, Advocate ........ Petitioner
versus ........ RESPONDENTS
Through: Mr. Akshay Makhija, CGSC, with UNION OF INDIA AND ORS CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA Mr. Shiv Sanyam, Ms. Seerat Singh, Advocates for R-1 to 4 SANJIV KHANNA, J.
(ORAL) 1. The petitioner Constable Karan Singh in this Writ Petition challenges denial of remustering as Constable (Driver) on the ground that he was over aged, and therefore, ineligible.
2. The petitioner had joined the Central Reserve Police Force („CRPF‟ for short) as Constable (Trade) on 10.05.2011 and was posted as a Cook.
3. By signal dated 16.02.2015 and 22.02.2015, the petitioner was permitted to remuster as Constable (Driver) and join the Driving and W.P. (C) 10548/2016 Page 1 of 9 Mechanic Course (D & M Course) Sr. No.34 commencing from 23.02.2015.
4. The pay scales of Constable (Trade) and Constable (Driver) are the same, albeit there is difference in the promotional prospects.
5. The signal dated 16.02.2015 had indicated and specified the following eligibility criteria:-
"“Following eligibility criteria is applicable for D&M Course Sl. No.34 at CTC Neemuch which are in conformity of RRs and Central Motor Vehicle Act 1988 and functionalities of remustration procedure:-
"a) Constable (Tradesmen) having driving license of transport vehicles and fulfilling the eligibility criteria for direct recruitment for Constable (Driver) will be remustered basic training/D&M course required for the post of Constable (Driver). after successfully qualifying b) Constables (General Duty) are being remustered after successfully qualifying driving and mechanic course. c) Other basic eligibility criteria are mentioned in RR dated 22/07/2010. d) Motor Vehicle Act-1988 has provisions that no person under the age of 20 years shall drive a transport vehicle unless he has held a driving license to drive a light motor vehicle for at least one year. e) In principle, a person in possession of transport driving license has to be only remustered as the Force recruits driver with a transport vehicle (.) However in past to meet W.P. (C) 10548/2016 Page 2 of 9 Force exigencies provisions of standing order 03/2011, permitted personnel having aptitude of driving without a driving license and persons in possession of light motor vehicle license were made to undergo basic D&M course, obtain a LMV of a license and get provisionally remustered (.) new amended RRs have clarified the scenario and when read the Motor Vehicle Act 1988, provide remustration as per extant provisions which have been elaborated.” 6. The petitioner had reported and successfully completed the D&M Course Sl. No.34 on 24.06.2015, the results of which were declared on 25.01.2016.
7. The petitioner was, vide signals dated 26.02.2016 and 29.02.2016, informed to report for 44 weeks basic training course, commencing from 04.03.2016.
8. The petitioner was undergoing the basic training course, when, vide communication and movement order dated 22.06.2016 he was asked to report to his parent unit on the ground that he was over aged to be remustered as Constable (Driver).
9. The petitioner, an Other Backward Class candidate, was 29 years and 9 months of age when he was detailed for the D&M Course, vide signals dated 16.02.2015 and 22.02.2015. He was less than 30 years, the upper age limit.
10. The contention of the respondents, on the other hand, is that the date on which the petitioner was detailed for the D&M Course is not W.P. (C) 10548/2016 Page 3 of 9 the relevant date for determining the age eligibility. The age of the petitioner, when he would complete the 44 week Basic Course, would determine and decide whether the petitioner was eligible. The petitioner would be over 30 years of age on completion of 44 weeks‟ Basic Course and therefore, he was ineligible.
11. We have considered the stand and stance of the respondents which is difficult to accept. It is rather unreasonable, unfair, and incongruous. We would elaborate and give reasons after referring to the relevant Recruitment Rules.
12. Recruitment to the post of Constable (Driver) is governed by the Central Reserve Police Force Group „C‟ (General duty/ Technical/Tradesmen) Cadre Recruitment Rules, 2010. The relevant Rule relating to Constable (Driver), as originally enacted in respect of the age limit, had stated as under:-
"“Between 18 and 23 years (5 years age relaxation in case of Scheduled Castes/Scheduled Tribes and 3 years in case of Other Backward Classes candidates for direct recruitment). Note: The crucial date for determining the age limit in each case shall be the cut-off date mentioned in the advertisement.” The aforesaid Rule had clearly stipulated that the crucial date for deciding whether the candidate was over aged or within the age limit would be the cut-off date mentioned in the advertisement. W.P. (C) 10548/2016 Page 4 of 9 13. It is also important to refer to the Columns (11) and (12) of the same recruitment rule for Constable (Driver). The said Columns read as under:-
"“Column (11): By direct recruitment or remustration. Note: Vacancies caused by the incumbent being on deputation will also be filled up by direct recruitment. Column (12): Constable (General Duty) are being remustered after successfully qualifying Driving and Mechanic Course.” Column (12) states that remustering would be complete and effective when the Constable (General Duty) qualifies the D & M Course. Column (12) obviously does not relate to age limit, for the note quoted above had stipulated that for deciding whether the candidate was overaged the cut-off date in the advertisement would be decisive.
14. The Recruitment Rule relating to the post of Constable (Driver) was amended vide Gazette Notification dated 13.11.2014 and the relevant portion of the new or amended Rule reads:-
"“(a) Against serial number 5 relating to the post of Constable (Driver) under column (7), for the words, figures and brackets “Between 18 and 23 years (5 years age relaxation in case of Scheduled Castes/Scheduled Tribes and 3 years in case of Other Backward Classes candidates for direct recruitment)” the following entry shall be substituted, namely:— (i) Between 21 and 27 years (Relaxation for 5 years for Scheduled Castes/Scheduled Tribes, 3 years for Other Backward classes candidates and Government Servants.) (ii) Upto 30 years in case of remusteration by giving relaxation of 3 years to departmental candidates.” W.P. (C) 10548/2016 Page 5 of 9 15. The aforesaid amendment postulates that the portion “Between 18 and 23 years (5 years age relaxation in case of Scheduled Castes/Scheduled Tribes and 3 years in case of Other Backward Classes candidates for direct recruitment) under Column No.(7) was substituted by clause (i) and (ii). The Note to Column No.(7), however, was not deleted or modified. The effect thereof was that the Note, in the 2010 Rules, continues and has not been erased or modified.
16. Under the original 2010 Rules Column No.(11) had restricted remustering to Constable (General Duty). The modification and amendment dated 13.11.2014 in Column No.(11) was to the following effect:-
"“i) Constables (General Duty) are being re-mustered after successfully qualifying Driving and Mechanic Course. ii) Constable (Tradesmen) having driving license of Transport vehicles and fulfilling the eligibility criteria for direct recruitment for Constable (Driver) will be re-mustered after successfully qualifying basic training/D&M course required for the post of Constable (Driver).” The effect thereof was that Constable (Tradesmen) also became eligible for remusteration as Constable (Driver).
17. The stipulation in Column No.(12) is that Constable (Tradesmen) having driving licence and fulfilling eligibility criteria for direct recruitments for Constable (Driver) will be remustered after W.P. (C) 10548/2016 Page 6 of 9 successfully qualifying basic training/D&M Course. The respondents submit that they are justified in holding that the age of the Constable (Tradesmen) on successfully qualifying basic training would determine and decide the upper age limit eligibility. We do not think Clause (ii) of column (12), as amended by Notification dated 13.11.2014, can be read in the said manner. Clause (ii) specifically states that Constable (Tradesmen) having driving license and fulfilling the eligibility criteria for direct recruitment for Constable (Driver) will be remustered. The third requirement is that they must successfully qualify the basic training/D&M Course required for the said post. This requirement relates to the qualification course. This stipulation is not relating to and does not fix the upper age limit. The eligibility criteria prescribed is that which is applicable to the direct recruits. The requirement of basic/D&M Course is independent of the eligibility criteria required for direct recruits.
18. The interpretation we have given is reasonable, fair, and logical. As per the amended Rules effective from 13.11.2014, candidates between the age of 21 to 27 years are eligible as direct recruits. Additionally, government servants are entitled to age relaxation of three years. In other words, government servants who were working in other departments are eligible if they are not more than 30 years of age. It is an accepted and admitted case that for a direct recruit, the age eligibility would be considered as on cut-off date as mentioned in the advertisement and not when the candidate successfully completes the W.P. (C) 10548/2016 Page 7 of 9 basic training or D&M Course. It is accepted by the respondents that the direct recruits have to also undergo the D&M Course.
19. This being the position, when we read and interpret Clause (ii) of Column No.(7), the answer is apparent and clear. Clause (ii) of Column No.(7) states that departmental candidates who are otherwise eligible for remustering, are entitled to age relaxation of three (03) years. In other words, government servants entitled to apply as direct recruits and those who apply for remustering are treated alike and equally. Upper age limit for them is identical i.e. 30 years.
20. It would lead to absurdity if we accept the stand of the respondents that government servants who are working in other departments would be eligible if they are less than 30 years of age as on the cut-off date but the departmental candidates who are considered for remuster, would be over aged as their age on the date when they complete the D&M Course or the basic training is the deciding factor/criteria.
21. Age eligibility has to be with reference to a fixed point in time. There should not be any scope of introducing uncertainty on account of variable factors. This would bring hardship and injustice by eliminating some of those who are eligible. We would prefer an interpretation which ensures clarity and certainty.
22. In view of the aforesaid, we need not examine the other contention raised by the petitioner on the age relaxation to those who belong to OBC/SC/ST category. W.P. (C) 10548/2016 Page 8 of 9 23. In view of the aforesaid findings, we allow the present writ petition and hold that the petitioner was not over aged, and therefore, was eligible as he was less than 30 years of age when he was detailed for D&M Course. The respondents would accordingly, allow the petitioner to undergo remaining basic training and on successfully completing the same appoint him by remustering as Constable (Driver) as per the Rules. In the facts of the case, there would be no orders as to costs. SANJIV KHANNA, J NAVIN CHAWLA, J JULY28 2017 nn W.P. (C) 10548/2016 Page 9 of 9