Ritesh S/O Umashankar Chaturvedi vs Western Coal Fields Ltd. Govt. Of ...
2022 Latest Caselaw 8327 Bom

960-A-WP-2182-22                                                                                                                 1/2


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR.

                                       WRIT PETITION NO.2182 OF 2022

                    Ritesh S/o Umashankar Chaturvedi, Rajkishor Nagar, Chhatisgadh
                                                                 -vs-
  Western Coal Fields Ltd. GOI Undertaking Thr. Dy. General Manager (P/IR) Coal Estate, Civil
                                                         Lines, Nagpur
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.


                                   Ms Radha M. Mishra, Advocate for petitioner.
                                   Shri A. M. Ghare, Advocate for respondent.

                                   CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : August 24, 2022

The petitioner has challenged the conduct of examination

for the post of Mining Sirdar that was held on 24/04/2022.

According to the petitioner in the employment

notification, the minimum age prescribed for being qualified to

appear for said examination was 30 years as on 11/10/2021.

No examinations were held in 2020 and 2021. As a result the

petitioner could not participate in the selection process for those

years. When the present notification was issued, the petitioner

had crossed the aforesaid maximum age.

The learned counsel for the petitioner has relied upon the

decision of the Honourable Supreme Court in Civil Appeal

No.2016 of 2022 (High Court of Delhi vs. Devina Sharma)

dated 14/03/2022 and has urged that the petitioner be 960-A-WP-2182-22 2/2

permitted to take such examination despite having crossed the

maximum age of qualification.

It is rightly pointed out on behalf of respondent No.1 that

in the aforesaid judgment concession given by the respondent

therein was accepted and the candidates who had crossed the

upper age limit were permitted to appear in the said

examination.

We find that there may be many candidates similarly

situated as the petitioner who would have otherwise

participated in the selection process had the upper age limit

been relaxed. The examination in question was held on

24/04/2022. In absence of any legal right of the petitioner

being infringed, it will not be permissible to modify the criteria

of the employment notification as regards the maximum age

limit. The writ petition is therefore dismissed. No costs.

(Urmila Joshi-Phalke, J.) (A. S. Chandurkar, J.)

Asmita