LI Network
Published on: December 04, 2023 at 15:50 IST
The Madras High Court emphasized that when specific rules governing recruitment already grant a five-year age relaxation to candidates from the Scheduled Caste/Scheduled Tribe (SC/ST) communities, any further relaxation under general rules is impermissible.
The court addressed this issue while considering appeals filed by the State, challenging a single bench’s order that set aside the cancellation of appointments to the position of “cook” under the Adi Dravidar Welfare Department.
The single bench had extended the maximum age limit for SC/ST candidates from 35 to 40 years, leading to a challenge by the State.
A division bench comprising Justice SM Subramaniam and Justice R Kalaimathi allowed the appeal, asserting that such extensions were beyond the purview of judicial review. The court maintained that age limits set by employers under statutory rules could not be altered by judicial interventions.
The court highlighted that when special rules explicitly outline age limits, as in the case of a five-year extension for SC/ST candidates, additional age relaxations under general rules become impermissible. The judgment stated, “When the Special Rules contemplate age limit specifically by providing an extension of five years to the candidates belonging to Scheduled Caste and Scheduled Tribe communities, further extension of five years of age limit under the General Rules is impermissible, and the General Rules, in such circumstances, would have no application.”
The State argued that the post of ‘Cook’ fell under the Special Rules for Tamil Nadu Basic Service, specifying qualifications and age limits for direct recruitment. The State contended that the special rules set the age limit for the General Category at 30 years and for SC/ST candidates at 35 years.
The court took note of Section 68 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which stipulates that if any provision of the Act conflicts with special rules for a particular service, the special rules will prevail.
Considering the potential discrimination against other eligible candidates, the court held that the single judge erred in extending the age limit to 40 years. The court observed that in cases of inconsistency between special rules and general rules, a holistic interpretation must be applied to avoid discrimination against prospective candidates.
The appeals were allowed, emphasizing that the Special Rules had already granted a five-year age relaxation for SC/ST candidates, and there was no room for additional relaxation under the General Rules.
Case Title: State of Tamil Nadu v K Parvathy
