DR. AMI LAL BHAT versus STATE OF RAJASTHAN AND ORS.

Citation: [1997] SUPP. 1 S.C.R. 543 · Decided: 08-07-1997 · Supreme Court of India · Bench: SUJATA V. MANOHAR · Disposal: Dismissed

Judgment (excerpt)

DR. AMI LAL BHAT 
A 
v. 
STATE OF RAJASTHAN AND ORS. 
JULY 8, 1997 
[SUJATA V. MANOHAR AND V.N. KHARE, JJ.) 
B 
SERVICE LAW-Rajasthan Medical Services (Collegiate Branch) 
Rules 1962--Appointment-Age-Cut off date for detennining maximum or 
minimum age-Fixation of-Discretion of rule making authority or the 
employel'-Scope of-Held, the cut off date is valid unless it is so capricious C 
or whimcial as to be wholly unreasonable-Cut off date fixed with reference 
to beginning of calender year fallowing the date of application-Whether capri-
cious or unreasonable-Held, No. 
Rule B(A)--Appointmel!ts-Delay in issuing advertisement-Effect D 
of-Held, so long as advertisement is issued within a reasonable time and 
there is no malafide-Action of the appointing authority in issuing the adver-
tisement cannot be challenged simply because the maximum age qualification 
is fixed with reference to a fixed date. 
The a11pellants challenged fixation of a cut off date with reference to E 
the calender year for determining the maximum age of a candidate who is 
to be considered for direct recruitment to a service under the State. 
Different Rules of service in the State of Rajasthan provided that the cut 
off date for deciding the maximum age prescribed for a candidate for 
appointment will be 1st date of January following the date of application. F 
Some candidates challenged such a cut off date, uniformally fixed under 
all the Service Rules of the State, as arbitrary or unreasonable, and liable 
to be struck down. The appellant's case was that the cut off date should 
only be fixed with reference to the last date of making the application in 
question; that all vacancies must be advertised soon after they are G 
determined and that if on the date when the vacancy occurred, the 
candidates were within the maximum age prescribed by reference to the 
cut off date, then if the advertisement is· delayed, their age should be 
considered with reference to the cut off date of 1st January following the 
date of occurrence of vacancy and corresponding age relaxation should be 
given to all candidates in the case of all those persons who are adversely H 
543 
544 
SUPREME COURT REPORTS (1997] SUPP. l S.C.R. 
A affected because the advertisement for recruitment was issued later than 
the occurrence of the vacancy. 
B 
The High Court held that the portion of rule 11 of the Rajasthan 
Medical Services (Collegiate Branch) Rules, 1962, which prescribed 
determination of the maximum age with reference to 1st January following 
the last day fixed for receipt of applications, was arbitrary and 
unreasonable and struck it down. 
The present appeal had been filed against the judgment of the High 
Court. The question raised for consideration was weather a Rule-making 
C Authority can fix a cut off date with reference to the calendar year for 
determining the maximum age of a candidate who is to be considered for 
direct recruitment to a service under the State. 
D 
Dismissing the appeals of the candidates and allowing the appeals 
filed by the State, this Court 
HELD : 1.1. The fixing of a cut off date for determining the maximum 
or minimum age prescribed for a post is not per se, arbitrary. Basically, 
the fixing of a cut off date for determining the maximum or minimum age 
required for a post, is in the discretion of the Rule making Authority or · 
E the employer as the case may be. Such a cut off date cannot be fixed with 
any mathematical precision and in such a manner as would avoid hardship 
in all conceivable cases. As soon as a cut off date is fixed there will be some 
persons who fall on the right side of the cut off date and some persons 
who will fall on the wrong side of the cut off date. That cannot make the 
cut off date, per se, arbitrary unless the cut off date is so wide off the mark 
F as to make it wholly unreasonable. [548-B-D] 
1.2. In the present case, the cut off date had been fixed by the State 
of Rajasthan under its Rules relating to various services with reference to 
1st of January following the year in which the applications were invited. All 
Service Rules are uniform on this point. Looking to the various dates on 
G which different departments and different heads of administration may 
issue their advertisements for recruitment, a uniform cut off date has been 
fixed in respect of all such advertisements as 1st January of the year 
following. This is to make for certainty. Such a uniform date prescribed 
under All Servi

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