Himachal HC strikes down arbitrary age interpretation in Van Mitra appointment
Photo used for indicative purpose only. Source internet
Shimla, Sept 4,
The Himachal Pradesh High Court has set aside the appointment of a candidate in the Forest Department’s Van Mitra recruitment and directed the State to appoint the petitioner, holding that she was wrongly declared overage at the time of applying.
Justice Sandeep Sharma, while deciding CWP Suchitra vs. State of HP & Ors., ruled that the petitioner Suchitra, who had applied on the last date of submission (January 15, 2024), could not be considered overage as she was exactly 25 years old on that date.
The dispute arose out of the Forest Department’s advertisement of 2,061 posts of Van Mitra issued in October 2023. The recruitment scheme prescribed that candidates should be “not less than 18 years and not more than 25 years as on the last date of receipt of applications.”
The petitioner cleared the physical efficiency test and document verification, securing 64.1 marks and topping the merit list. However, she was denied selection on the ground that she had crossed the upper age limit. Instead, another candidate with 48.95 marks was appointed.
Challenging the decision, the petitioner argued that the age clause had been inconsistently applied—while those turning 18 on the last date were deemed eligible, those turning 25 on the same day were disqualified.
The Court agreed, terming such interpretation “discriminatory and arbitrary.” It held that “a person who has completed 25 years on the last date cannot be treated as being more than 25,” and that the same inclusive approach applied to the lower age limit must also extend to the upper age limit.
Consequently, the Court quashed the December 13, 2024 order rejecting her candidature, cancelled the appointment of the private respondent, and directed the State to offer appointment to the petitioner with all consequential benefits, including seniority and arrears.
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