HC quashes notification on age limit for open category
Staff Reporter
Madurai, April 30, 2018 00:00 IST
Relaxation relates to recruitment of siddha pharamacists
The Madurai Bench of the Madras High Court has quashed a government notification which had fixed the maximum age limit for the ‘open category’ candidates at 40 years for direct recruitment to the post of pharmacist (siddha).
Justice R. Suresh Kumar directed the Medical Services Recruitment Board to issue a corrigendum incorporating the age relaxation from 40 years to 57 years, as enjoyed by the reserved categories.
The court, taking cognisance of the fact that similar notifications were issued for the post of pharmacist (homeopathy and ayurveda), said the principle laid down would be applicable to those notifications as well. The notification shall be issued within two weeks with rescheduled dates for filling applications, the court said.
The court observed that when substantial justice and technical considerations are pitted against each other, substantial justice deserves to be preferred. Many eligible and deserving candidates with experience would unfortunately be left out from the purview of the selection process, the court said. The court also took note of the ‘position note’ filed by the government, wherein the latter had said it had intended to relax the upper age limit for the open category for five years. The court said this showed the government’s intention of extending the benefits to the unreserved category as well. The notification had to be set aside so as to not defeat the intention, it said.
The court was hearing the case of S. Balamurugan, a diploma holder in pharmacy (siddha) who challenged the notification on age limit issued by the Medical Services Recruitment Board.
Staff Reporter
Madurai, April 30, 2018 00:00 IST
Relaxation relates to recruitment of siddha pharamacists
The Madurai Bench of the Madras High Court has quashed a government notification which had fixed the maximum age limit for the ‘open category’ candidates at 40 years for direct recruitment to the post of pharmacist (siddha).
Justice R. Suresh Kumar directed the Medical Services Recruitment Board to issue a corrigendum incorporating the age relaxation from 40 years to 57 years, as enjoyed by the reserved categories.
The court, taking cognisance of the fact that similar notifications were issued for the post of pharmacist (homeopathy and ayurveda), said the principle laid down would be applicable to those notifications as well. The notification shall be issued within two weeks with rescheduled dates for filling applications, the court said.
The court observed that when substantial justice and technical considerations are pitted against each other, substantial justice deserves to be preferred. Many eligible and deserving candidates with experience would unfortunately be left out from the purview of the selection process, the court said. The court also took note of the ‘position note’ filed by the government, wherein the latter had said it had intended to relax the upper age limit for the open category for five years. The court said this showed the government’s intention of extending the benefits to the unreserved category as well. The notification had to be set aside so as to not defeat the intention, it said.
The court was hearing the case of S. Balamurugan, a diploma holder in pharmacy (siddha) who challenged the notification on age limit issued by the Medical Services Recruitment Board.
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