Kurma Laxman v. The Telangana State Level Police Recruitment Board (Tslprb)
[ 3313 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT APPEAL NO: 734 OF 2023 Writ Appeal under clause 15 of the Letters Patent Preferred Against the Order dated 0710712023 in W.P. No. 17578 ot 2023 on the file of the High Court. Between:
Kurma Laxman, S/o Kurma Srinivas, Aged about.33 Yrs., Caste. BC-D, Occ. un-employed, No 4-211 , Ramaiahpally, Budhavarampeta, Ramagiri Mandal, Peddapalli District' Telangana State -PlN 505'184 ...AppELLANr/pETrroNKER AND
1. The Telangana State Level Police Recruitment Board (TSLPRB), DGP Office Complex, Lakdikapul, Hyderabad. Rep. by its Chairman
2. The State of Telangana, Rep. by its Principal Secretary, Home Depa(ment, Dr.B.R. Ambedkar Telangana Secretariat, Hyderabad. ...RESPONDENTS lA NO: 1 OF 2!23 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order passed by Honourable Single Judge, High Court for The State of Telangana,Hyderabad in W.P.No.17578 of 2023 dt.O710712023, Pending the writ appeal lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased for direct the respondent state to consider the age of candidature on par notification date 2510412023 but not par with scrutiny date and other restrictions
in light of earlier notification Rc.No.151/Rect/Admin.1/2015 dated. 31t12t2015 in similar appointment practice declare the result along with other candidates of selection list, pending the writ appeal Counsel for the Appellant: SRI PONAMPELLI RAVI Counsel for Respondents: SPECIAL GOVERNMENT PLEADER FOR GP FOR HOME The Court made the following: ORDER
.-1 THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE PULLA KARTHIK T APPEAL No 40F ]UDGMENT: (per AKS,J) This Writ Appeal is filed aggrieved by the order, dated 07.o7.2023, passed in W.P.No.1757B of 2023 by a learned Single Judge of this Coutt.
2.
Heard Sri P. Ravi, learned counsel for the appellant and the learned Special Government Pleader appearing for the respondents.
3.
Learned counsel for the appellant had contended that the appellant is fully eligible and qualified to be appointed to the post of Stipendiary Cadet Trainee Police Constable (SCTPC) (Civil). The respondents have issued a notificatlon on 25.04.2022 inviting applications for filling up the posts of scTPC (civil). The upper age limit prescribed for the said post is 22 years. However, the Government of Telangana had issued G.O.Ms.No.4B, dated L3.04.2022, wherein the upper age limit prescribed for direct recruitment has been raised by three years for uniformed services including Police, Fire Services, Prisons and Special Protection Force Departments. Further, as the appellant I
- " t:=< ':::r AKS,J & PK,] W.A.No.734 ot2023 is a member belonging to Backward Class (BC) community, another five years is relaxable in respect of BCs. Further, in view of COVID-19 pandemic, another two years was relaxed by the Government, which would mean the maximum age limit For the appellant for appointment to the post of SCTPC (Civil) ls 32 years. Learned counsel further contended that as on the date of notification, the appellant was well within the age. However, in the subject Notification, dated 25.04.2022, it is mentioned that the upper age limit has to be considered as on 01.07.2022. Since the respondents have fixed the cut-off date as 07.07.2022, the appellant was eliminated from the selection process. Aggrieved by the same, the appellant has filed the subject Writ Petition No.
17578 of 2023 before this Court and a learned Single Judge of this Court ude impugned order, dated 07.07.2023, was pleased to dlsmiss the subject Writ Petition, without appreciating any of the contentions raised by the appellant.
,.,i a) AKS.J & PK,J W.A.No 714 of 2023 J eligible, as admittedly, as on the date of issuance of subject notification, the appellant is well within the age prescribed. If t the cut-off date is taken as 01.07.2022, the appellant would be crossing the upper age limit prescribed in the subject notification. Therefore, appropriate orders be passed in the Writ Appeal by directing the respondents to permit the appellant to participate in the selection process, by treating that the appellant is well within the age prescribed in the subject notification, as the appellant is within the age limit as on the date of issuance of the subject notification.
5.
On the. other hand, learned Special Government Pleader appearing for the respondents had contended that the cut-off date for upper age limit in the subject notification is prescribed as 01.07.2022, as per Rule 12(v) of the Telangana State and Subordinate Service Rules, 1996 (for short, 'the Rules'). A perusa.l of Rule 12(v) of the Rules would make it clear that the 1't day of July of the year in which the notification is issued, is to be considered as the cut-off date and as the subject notification was issued in the year 2022, as per the aforesaid Rule, the cutoff date is prescribed as OL.O7.2022. Therefore, the learned Single Judge was justified in dismissing the subject Writ Petition, as'the appellant is not fulfilling the age criteria, as prescribed in
ai-,+rfr /:.
\ AKS.J & PK,J W.A No.734 ol'2023 the subject notification. Therefore, there are no merits in the Writ Appeal and the same is liable to be dismissed. 6.
This Court, having considered the rival submissions made by the learned counsel for the parties, is of the view that the cutoff date for upper age limit prescribed in the subject notification i.e., 01.07.2022, is as per Rule 12(v) of the Rules and the learned Single Judge was justified in dismissing the subject Writ Petition, as the appellant has crossed the upper age limit prescribed in the subject notification. Moreover, the appellant has not challenged the said Rule. In the absence oF the same, this Court cannot come to the rescue of the appellant. Therefore, this Court has no other option except to dismiss the appeal.
7.
Accordingly, the Writ Appeal is dismissed. It is needless to say that the appellant would be at liberty to submit an applicatlon to the respondents in terms of Clause 36 of the subject Notification, dated 25.04.2022, seeking relaxation of the upper age limit and upon such application being made, the respondents shall consider the same and pass appropriate orders, in accordance with law. There shall be no order as to costs.
AKS,J & PK,J W.A.No 714 of 2021 Miscellaneous Petitions, if any, pending in this Writ Appeal r shall stand closed.
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I I HIGH COURT DATED: 2610712023 't t,.; S iA r(_ ( q 2[8 u [- ) () t a, * .9 o
JUDGMENT
WA.No.734 of 2023 DISMISSING THE WRIT APPEAL WITHOUT COSTS O q P