UNION OF INDIA & ORS. versus SHRI RAMESH SINGH RAJPUT

Citation: [2007] 13 S.C.R. 947 · Decided: 14-12-2007 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Case Partly allowed

Judgment (excerpt)

UNION OF INDIA & ORS. 
v. 
SHRI RAMESH SINGH RAJPUT 
DECEMBER 14, 2007 
[DR. ARIJIT PASAYAT AND AFT AB ALAM, JJ.] 
Service Law-Appointment-Application for recruitment-Date 
of birth disclosed by candidate varyingfrom the date of birth mentioned 
A 
B 
in his school records-Candidate seeking the authority, correction in c 
the date of birth in school records-Candidate selected, but denied 
appointment finding him averaged on the basis of date of birth in 
school records-Order challenged-By subsequent Rules two years 
relaxation given in recruitment-At the time of arguments benefit of 
Rules sought by candidate-Tribunal directing appointment on the D 
basis of Rules-High Court upholding order of tribunal-On appeal, 
held: Authorities having selected the candidate despite having 
knowledge of date of birth as per school records, could not deny 
appointment-However, since the benefit of the subsequent Rules were 
not pleaded before the authority, order of courts below quashed- E 
Liberty given to candidate to move the authority seeking relaxation 
as per Rules-Central Civil Services and Civil Posts (Upper Age Limits 
for Direct Recruitment) Rules, 1998. 
Pursuant to a recruitment notice, respondent was selected for 
the post of'cook'. His date of birth in the school records was found F 
to be 17.3.1977. Respondent filed an affidavit stating that his date 
of birth was 17.3.1978 and also sought for correction of date of birth 
in school records. Respondent was not appointed, as he was found 
to be over-aged with reference to the date of birth in school 
certificates. 
G 
Respondent filed application before Central Administrative 
Tribunal seeking direction for his appointment. At the time of 
arguments he pleaded that he was entitled to relaxation of2 years 
947 
H 
948 SUPREME COURT REPORTS 
[2007] 13 (Add!.) S.C.R. 
A in upper age limit in view of Central Civil Services and Civil Posts 
(Upper Age Limit for Direct Recruitment) Rules, 1998 whereby the 
upper age limit in respect of direct recruitment was increased by two 
years. Tribunal though held that correction of age was not within the 
domain of the appellants, but allowed the application on the ground 
B that he was entitled to relaxation in age in view of the Rules. High 
Court, in writ petition upheld the order of Tribunal. Hence the present 
appeal. 
c 
Partly allowing the appeal, the Court 
HELD: 1. From the record it appears that the authority did not 
issue any appointment order to the respondent on the ground that 
he gave a false date of birth. Stand of the respondent before Central 
Administrative Tribunal (CAT) was that the date of birth of the 
respondent is 17.3.1977. In an annexure he claimed it to be 
D 17.3.1978. The appellants knew about this date and, therefore, held 
him to be qualified candidate and, therefore, he was interviewed by 
the Selection Committee and found suitable. Having proceeded in 
that manner it was not open to the appellants to deny appointment. 
[Para 11) [951-B-C) 
E 
2. The CAT itself accepted that the question of correcting date 
of birth was not within the domain of the appellants and it was open 
to the respondent to move appropriate authority in that regard. 
Having said so, CAT held that there was scope for relaxation. There 
were no pleadings in that regard. As a matter of fact, there is no 
F reference even to the relaxation aspect in the application before 
CAT. For the first time such stand was taken during the hearing before 
the CAT. The High Court did not consider this aspect. It is open to 
the respondent to move the authority for relaxation if he is so 
advised. It shall be open to the authorities to pass appropriate orders 
G in accordance with law. [Paras 12and13) [951-D-F] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5953 of 
2007. 
From the final Judgment and Order dated 11.02.2005 of the High 
H Court of Judicature of Madhya Pradesh at Jabalpur In W.P. (S) No. 
t . 
UNION OF INDIA v. SHRI RAMESH SINGH RAJPUT 
949 
[PASAYAT,J.] 
12876 of2004. 
A 
R. Mohan, ASG., S. Wasim, A. Qadri, Jubair Ahma Khan, Charan 
Lal Sahu, B.K. Prasad and Anil Katiyar for the Appellant. 
Vivek K. Tankha, B.K. Satija, Ratna Kaul and Sidharth Gupta for 
the Respondent. 
B 
The Judgment of the Court was delivered by 
DR. ARIJIT PASAYAT, J. 1. Leave granted. 
2. Challenge in this appeal is to the order passed by a Division Bench 
of the Madhya Pradesh High Court, dismissing the writ petition filed by C 
the appellants. 
3. Factual

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