LUKUMANUL HAKEEM S C vs THE ADMINISTRATOR UNION TERRITORY OF LAKSHADWEEP KAVARATTI on 31 December 2024

O R D E R

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER Heard both sides extensively. The factual matrix is as under :

2. The applicant has applied as local candidate for the post of Social Welfare Inspector vide direct recruitment through open competitive examination as per Employment Notice dated 31.08.2015 issued by the 4th respondent. As per the said Notice age limit was to be between 21-30 years as on 30.09.2015. The applicant was a few months over 30 years on the cut off date. The 4th respondent published the first check list of candidates on 12.11.2015 wherein the applicant stood as Sl.No.13 and against his name it was noted that he was “age over”. The applicant has submitted his objection to the said noting on 25.11.2015 stating that he should get 2 years relaxation. However, the final check list of candidates

was published on 19.05.2016 excluding the applicant. The applicant's objection against the final check list was filed on 25.05.2016 and vide letter dated 02.06.2016 he was directed to file material evidence to prove that he is eligible for the said age relaxation.

3. The applicant claimed the benefit of age relaxation based on the DoP&T Notification 15012/6/98-Estt.(D) dated 21.12.1998 which apply to all Central Civil Services and Civil Posts under the Central Government where the method of recruitment was by direct open competitive examination to the Central Civil Services or Civil Posts specified in the relevant rules which provided age relaxation of 2 years. Based on this relaxation the 4th respondent published a revised check list of candidates including the name of the applicant on 21.06.2016. The written test was conducted on 11.11.2016 and the result published on 16.11.2016 wherein 9 candidates including the applicant was selected for personal interview which was held on 12.12.2016. The applicant was at Sl.No.2 in the result published on 02.02.2017. Subsequently, this circular was challenged by a person who was in the waiting list by filing a O.A before this Tribunal and vide order dated 28.02.2018 the said O.A was allowed.

4. Aggrieved by the same, the applicant approached the Hon’ble High Court of Kerala by filing O.P.(CAT) No.58/2018 which was dismissed. It is submitted that the SLP No.29470/2019 filed was also dismissed vide order dated 06.01.2020. The applicant was 31 years old and the candidate who challenged the selection was 33 years old when the Employment Notice was published. However, the said age limit was relaxable for Government servants, SC/ST candidates, Ex-Servicemen and other special categories of persons in accordance with the instructions/orders of Government of India from time to time. The applicant was eligible for 2 years age relaxation and the candidate who challenged the selection was eligible for 5 years age relaxation. It is submitted that the Apex Court dismissed the SLP mainly due to lack of proper amendment to the special rules for the Union Territory of Lakshadweep with regard to the enhancement of the upper age limit for the direct recruitment through open competitive examination in Government service. General Rule prescribes enhancement in the upper age ie., up to 32 years of age for direct recruitment under open competitive examination by the DoP&T circular cited above and in the communication dated 18.03.1999 by the Ministry of Home Affairs it is stated that Government of India issued orders on 21.12.1998 wherein it was clarified that SC/ST candidates are eligible for 2 years age relaxation

beyond the normal upper age limit of 25 years and with the increase in 2 years in the upper age limit for the direct open competitive examination they will be eligible for relaxation up to 32 years of age. This is a clarification specific to the Union Territory of Lakshadweep.

5. However, later on verification it was found that the applicant’s mother was from the mainland and therefore he was found not to be a local candidate (ST for Lakshadweep) and was therefore ineligible for the added age relaxation and the candidate at Sl.No.2 was appointed.

6. This appointment was challenged right up to the Hon’ble Supreme Court in SLP and the Review Petition filed in this regard was also dismissed. It has therefore been argued that the applicant was trying to unsettle the order of the Tribunal which went up to Hon'ble Supreme Court and was attempting to amend the Recruitment Rules with retrospective effect. The new Recruitment Rules were issued in 2014. The relaxation sought by Clause 3 of the notification dated 04.03.2014, therefore, is an attempt to apply the relaxation which was granted in the earlier Recruitment Rules. To claim the benefit of earlier Recruitment Rules issued in 1998 it is stated that amendment to Recruitment Rules of 2014 would not apply. The only reason the applicant was allowed to

participate in the examination itself was because he was assumed to be a ST candidate whereas on verification it had been found that he did not fit in the category. When there is a conflict between special rules and the general rules, the special rules will prevail and, therefore, it appears that the candidate would not have qualified to appear for the examination.

7. In the light of the above, the O.A will not succeed and accordingly the same is dismissed. No order as to costs. (Dated this the 31st day of December, 2024) V.RAMA MATHEW JUSTICE K.HARIPAL ADMINISTRATIVE MEMBER JUDICIAL MEMBER asp

List of Annexures in O.A.No.180/00037/2021

1. Annexure A-1 – A copy of the Employment Notice No.F.No.8/1/2013SWTA/474 dated 31.08.2015 issued by the 4th respondent.

2. Annexure A-2 – A copy of the Objection filed by the applicant herein to the 4th respondent dated 25.05.2016.

3. Annexure A-3 – A copy of the Notification No.15012/6/98-Estt.(D) dated 21.12.1998 published by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India.

4. Annexure A-4 – A copy of the Notice/Final Revised Check List No.F.No.8/1/2013-SWTA/343 issued by the 4th respondent dated 21.06.2016.

5. Annexure A-5 – A copy of the Circular with F.No.8/1/2013- SWTA/763 dated 16.11.2016 issued by the 4th respondent.

6. Annexure A-6 – A copy of the Circular F.No.8/1/2013-SW&TA/56 dated 02.02.2017 issued by the 4th respondent.

7. Annexure A-7 – A copy of the Communication dated 18.03.1999 by the Ministry of Home Affairs.

8. Annexure A-8 – A copy of the Representation preferred by the applicant dated 06.10.2020.

9. Annexure A-9 – A copy of the Representation preferred by the applicant dated 06.10.2020.

10. Annexure A-10 – A copy of the Judgment in OP(CAT) No.171/2020 of the Hon'ble High Court of Kerala.

11. Annexure A-11 – A copy of the Judgment of the Hon'ble High Court in OP(CAT) No.58 of 2018 dated 18.11.2019.

12. Annexure A-12 – A copy of the Judgment of the Hon'ble Supreme Court dated 06.01.2020.

13. Annexure MA-1 – A copy of the Notification F.No.12/01/2013- SWTA dated 04.03.2014 issued by the 1st respondent in the above O.A.

14. Annexure MA-2 – A copy of the Office Memorandum No.26017/1/2004-Estt.(Res.) dated 05.07.2005 issued by the Department of Personnel and Training.

15. Annexure MA-3 – A copy of the Order dated 28.02.2018 in O.A.No.181/145/2017 of the Hon'ble C.A.T.

16. Annexure MA-4 – A copy of the Order dated 08.05.2020 in unnumbered Review Application in Dairy No.6452/2020 of the Hon'ble Supreme Court.

17. Annexure MA-5 – A copy of the Office Order F.No.9/01/2017- SWTA dated 12.10.2020 issued by the Director, Social Welfare & Tribal Affairs.

18. Annexure R5(a) – A copy of the Notification F.No.12/01/2013- SWTA dated 04.03.2014 issued by the 1st respondent in the above O.A.

19. Annexure R5(b) – A copy of the Office Memorandum No.26017/1/2004-Estt.(Res.) dated 05.07.2005 issued by the Department of Personnel and Training.

20. Annexure R5(c) – A copy of the Order dated 28.02.2018 in O.A.No.181/145/2017 of the Hon'ble C.A.T.

21. Annexure R5(d) – A copy of the Order dated 08.05.2020 in unnumbered Review Application in Dairy No.6452/2020 of the Hon'ble Supreme Court.

22. Annexure R5(e) – A copy of the Office Order F.No.9/01/2017- SWTA dated 12.10.2020 issued by the Director, Social Welfare & Tribal Affairs. _______________________________