Age cut-off determination for selection to a post of Govt
Min. of Earth Sciences invited applications for a post of Director of an autonomous institute on direct recruitment basis. Age prescribed preferably below 55 yrs relaxable for exceptional/experienced candidates. Closing date of applications in Aug 15 was used for age determination. After closing of applications, a circular was issued by DOPT in Oct 15 to encourage Govt. servants to apply for such posts on deputation/short-term contract/absorption.MOES went on to revise Recruitment rules to include deputation with max. age limit prescribed not exceeding 56 years.A corrigendum was issued in Jan 16 with closing date on 19 Feb 16 and the new date was applied for age determination. When initial applications were invited on direct recruitment I was eligible as am born on 20.12.59, where as the cut-off date applied left me out of screening as I have exceeded 56 yrs by two months.Is it in order to prescribe a new cut-off date for the same advertisement where the corrigendum was issued subsequently. The argument given by Estt. is that the RRs are revised subsequent to the first advertisement and therefore previous cut-off can't be applied and the new cut-off prevails.Therefore screening committee did not consider my candidature and interviews are being held on 14 March. Is there scope to resort to judiciary for getting justice in this case.
Asked in Civil Law from Jamaica
Hi, the Min cannot change the age criteria by issue of corrigendum. The age criteria prescribed in first advertisement shall prevail as second corrigendum is a restrictive clause(not exceeding 56 years). You should seek a stay in selection process right away in appropriate high court. Also to note that a post when open for direct recruitment cannot be modified to suit the terms of deputation post once the job notification is complete and applications received thereof.all eligible candidates who had applied on basis of first notification have to be interviewed and if no candidate is found suitable then a fresh job notification has to be issued . A corrigendum cannot be issued to modify terms of first notification.
1) it is necessary to peruse circular issued by DOPT
2)since you have exceeded 56 years you were not eligible as per revised recruitment rules
3) the corrigendum was issued after closing date of applications in august 2015
4) you can move court if you so desire but results of litigation are uncertain .
You had applied on the basis of the first cut-off date which was set out in the original advertisement, which was subsequently raised. The govt has wide latitude in amending the recruitment rules but it cannot be done in a manner which would cause prejudice to a candidate who fulfilled the eligibility criteria when the advertisement was initially made. This apart, there also has to be a rationale behind raising the cut-off date for determining age eligibility. You can challenge the revision in the rules by moving the High Court.
It is not advisable to move court and seek a speedy remedy from the court of law. Here the age preference is below 55 and relaxable for exceptional/experienced candidates.circular after Notification only stands to the exceptional case.The the corrigendum was issued after closing date of applications in august 2015 support stand of DOPT in the above matter. When an error or mistake can rectify any time before finalizing the recruitment.
you can file case before CAT, It is settled principle of law that once notification issued it can not be altered by subsequent notification unless post for which notification was issued abolished. You are eligible to be appear in interview due to first notifications.
Subsequent notification can only supplementary to the previous one and it cannot override upon previous notification.
1. The steps taken by the DOPT seems to be irregular aiming at recruiting the in house candidates at the cost of direct applicants,
2. File a Writ Petition before the High Court praying for a direction to set aside the circular of Oct'2015 and appropriate relief.
If you have applied as per the the initial revised recruitment rules before issuance of a corrigendum to it, then the rejection of your candidature cannot be held legally valid. If once announced and you have applied for it as per the eligibility criteria therein the subsequent corrigendum issued by the department may not bind your application.
You can file a writ petition before the high court for the court to decide the fate of your application and candidature.