Thursday, September 30, 2021

Upper Age limit - Appointment to Public Post

 


Important Points

  1. SC has held that provision relating to upper age limit should be construed as mandatory and not directory.
    1. Making them directory would mean that the authority is given unbridled power in giving relaxations to person of their choice.
    2. That is impermissible as per the constitutional scheme, as the appointment to the public post must be accordance with A14 and A16
    3. there should not be scope of arbitrary selection by unfettered discretion being vested in the authorities.
  2. Eligibility criteria should be uniform and there cannot be scope of arbitrary selection by unfettered discretion vested with authorities.

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