W.P.(C) No. 5777/2010. Case: Yash Pal Vs Secretary, Public Enterprises Selection Board & Ors.. High Court of Delhi (India)
| Case Number | W.P.(C) No. 5777/2010 |
| Counsel | For Appellant: Ms.Satya Siddiqui with Mr.S.K.Mishra, Advocates, Ms. Veronica Mohan with Ms.Anjana Gosain, Advocates |
| Judges | Manmohan, J. |
| Issue | Constitution of India - Article 226; Age Discrimination in Employment Act, 1967; Contract Act, 1872 - Section 11 |
| Judgement Date | September 07, 2010 |
| Court | High Court of Delhi (India) |
Judgment:
Manmohan, J.
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The present writ petition has been filed under Article 226 of the Constitution of India challenging the constitutional validity of the Recruitment Rules of respondent No.1-Public Enterprises Selection Board (hereinafter referred to as "PESB") prescribing different upper age limits, namely, 57 years for external candidates and 58 years for internal candidates for Board level posts.
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The relevant facts of the present case are that on 25th January, 2010, respondent No.1-PESB issued a circular/advertisement seeking candidates for the post of Member (Operations) in Airports Authority. The said circular/advertisement stated as under:-
Subject: Selection for the post of Member (Operations), Airports Authority of India Limited (AAI) in Schedule B. Scale of pay. The Public Enterprises Selection Board (PESB) is seeking qualified candidates for the post of Member (Operations), Airports Authority of India Limited (AAI) in Schedule B. scale of pay of Rs.25750-650-30950 (prerevised). A copy of the job description for the post is enclosed.
2. It is requested that names of candidates senioritywise who are found suitable for the said post as per the requirements indicated in the job description along with their up-to-date bio-data (in the prescribed form) duly endorsed may kindly forwarded to PESB 22nd March, 2010. It is also requested that advance action may be taken to keep the ACRs for the last 5 years, of those candidates ready along with their latest vigilance profile [(i) penalty imposed, if any during the last 10 years (ii) details of disciplinary action initiated/being initiated if any, etc.] to be furnished as and when the selection meeting is scheduled.
3. In case the relevant details are not received within the stipulated time, it will be assumed that there are no eligible candidates to be sponsored for the post.
AGE: On the date of occurrence of vacancy.
(i) Minimum 45 years.
(ii) Not more than 58 years for internal candidates and not more than 57 years for others.
(iii) The age of superannuation is 60 years. The minimum length of service required in the eligible scale will be one year for internal candidates, and two years for others as on the date of vacancy.
"5. SUBMISSION OF APPLICATIONS Prospective candidates from the Central Public Sector and Government officers shall send their applications, through proper channel, in the format at Annexure I. State Public Sector Executives/Private Sector...
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