The Madras High Court recently addressed a case where special rules for recruitment had already granted a five-year age relaxation to candidates from the Scheduled Caste/Scheduled Tribe (SC/ST) for a specific post. The court emphasized that further age relaxation under general rules was impermissible.
The court considered appeals 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.
In allowing the appeal, a division bench comprising Justice SM Subramaniam and Justice R Kalaimathi stated that judicial review could not exceed the age limits set by employers under statutory rules. They emphasized that when special rules already provided a five-year age extension for SC/ST candidates, additional relaxation under general rules was not allowed.
The State argued that the "Cook" position fell under the Special Rules for Tamil Nadu Basic Service, specifying qualifications and age limits for direct recruitment. The state highlighted Section 68 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, asserting that special rules prevailed if inconsistent with the Act.
The contention was that the single judge's extension of the age limit to 40 years would discriminate against other eligible candidates. Candidates, however, referred to Section 20(8)(i) of the Act, claiming a statutory extension of the age limit to 40 years. They also cited Section 18 of the Tamil Nadu Adi-Dravidar Welfare Subordinate Service Rules, arguing for a 5-year age limit increase for SC/ST candidates in posts with specific educational qualifications.
The court, after hearing both parties, observed that in cases of inconsistency between special and general rules, a holistic interpretation was necessary to avoid discrimination. The court noted that the Special Rules already granted a five-year age relaxation for SC/ST candidates, and there was no scope for further relaxation under general rules.
This case underscores the importance of adhering to established rules and avoiding additional relaxations that may lead to discrimination. The court's decision highlights the need for a comprehensive interpretation of rules to maintain fairness in the recruitment process, ensuring that special provisions for certain categories are respected without compromising the rights of other eligible candidates. It also reaffirms the hierarchy of rules, emphasizing that special rules take precedence when inconsistent with general rules, as outlined in Section 68 of the Tamil Nadu Government Servants Act.
TAGS: Madras High Court recruitment rules age relaxation SC/ST candidates special rules general rules
