Girish Singh Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Girish Singh Patel S/o Shri Umashankar Patel Aged About 35 Years Presently Working As Assistant Veterinary Field OfÏcer, R/o Akaltara, Jawahar Para, Gali, No. 3, Police Station Akaltara, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh The Secretary, Livestok And Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh

2. Director Directorate Of Veterinary Services, Indrawati Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh

3. Chhattisgarh Kamdhenu Vishwavidyalaya Durg Through The Registrar, District Durg Chhattisgarh

4. Dean College Of Veterinary Science And Animal Husbandary, Anjora, District Durg Chhattisgarh ---- Respondent For Petitioner Mr. Praveen Dhurandhar and Mr. Vivek Singhal Advocates For Respective Respondents Mrs. Fouzia Mirza, Additional Advocate General, Ms. Smita Jha and Mr. AS Kachhwaha, Advocates DB.:Hon'ble Mr. Prashant Kumar Mishra, Ag. C.J. & Hon'ble Mr. Parth Prateem Sahu, J.

Order On Board By Prashant Kumar Mishra, Ag. C.J.

3/4/2019

1. Heard.

2. The petitioner has been denied admission in BVSE and AH Course for the reason that he has crossed the maximum age limit of 35 years.

3. In the course of hearing, both the parties would reach to the conclusion that the Circular dated 8.6.1999 had taken cut of date for calculation of age limit for a departmental candidate as on 31.12.1998, meaning thereby, that the age as on the last date of calendar year on the year previous to the academic session for which the admission is considered has to be the date for calculation of the age.

4. If that be so, the petitioner's age should have been calculated as on 31.12.2017 for admission into the BVSE and AH Course for the academic session 2018-19, however, contrary to that, respondent No.4 has calculated his age as on 31.12.2018, which is not proper.

5. Admittedly, as on 31.12.2017, the petitioner's age was 34 years and 21 days. Thus, he was less than 35 years as on the cut of date of 31.12.2017 and was entitled for admission into the BVSE and AH course.

6. The respondents have denied admission only on this count and on no other grounds, therefore, the writ petition deserves to be and is hereby allowed.

7. Let the respondent admit the petitioner into the BVSE and AH course for the academic session 2018-19 within a period of 15 days from today.

Sd/- Sd/- ( Prashant Kumar Mishra) ( Parth Prateem Sahu) Acting Chief Justice Judge Shyna