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Synopsis

A division bench of the Madras High Court recently set aside a single judge bench order allowing further relaxation under the General Rules in the maximum age limit for Scheduled Caste or Scheduled Tribe community for a government recruitment in addition to the relaxation given under the Special Rules. 

The division bench of Justice SM Subramaniam and Justice R Kalaimathi observed, "Concession of age limit of five years granted to SC/ST candidates for appointment cannot be further extended to another five years by the Court based on the General Rules, which is otherwise not applicable for appointment to the post of 'Cook' under the Tamil Nadu Basic Service".

Court said that once the Special Rules are made applicable to a particular category for appointment, application of General Rules would not arise.

"When the Special Rules contemplate age limit specifically by providing 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 bench said.

A recruitment notification was published by the Adi Dravidar and Tribal Welfare Department inviting applications for selection and appointment to the post of Cook. As per the notification, the age limit of the candidate was 18-35 years. 

After the appointments, the department held an enquiry and terminated the services of certain individuals on the ground of being overaged. 

The reason given by the department was that the Special Rules for the Tamil Nadu Basic Service provided the upper age for the Scheduled Caste candidates 35 years on the date of appointment, however, the age of the terminated individuals was found to be above that. 

On the contrary, the terminated employees argued that the Special Rules for Tamil Nadu Basic Services did not apply to the case on hand.

On the petitions seeking relief by the terminated employees, the single judge bench had held that though the maximum age limit prescribed in the Special Rules for Scheduled Caste candidates was 35 years, as per the beneficial provision under the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 which gave further extension by five years for Scheduled Caste candidates, the age limit ought to have been held 40 years for such candidates. 

In the intra-court appeals filed by the government, the division bench observed that the legal position is that the Special Rules will prevail over the General Rules in the matter of appointment.

In the event of inconsistency, the rule is to be interpreted holistically to understand that no discrimination is caused upon amongst the candidates, who all are aspiring to secure public employment, the bench emphasised. 

In view of the same, the division bench held that the extension of further 5 years in the age limit, as upheld by the single judge bench, was beyond the scope of the power of judicial review, "...the Courts, by exercising the powers, cannot extend the age limit fixed by the employer under the Rules in force," stressed the bench. 

Accordingly, court allowed the appeals and set aside the single judge bench's judgment. 

Case Title: State of Tamil Nadu and Others v. K.Parvathy and connected matters