Writ Petition is filed seeking to quash Ext.P6 and for a direction directing the 2nd respondent to accept the application submitted by the petitioner for appointment to the post of Clerk Grade-I in the lst respondent-Bank on the basis of Ext.P5 notification, for a declaration that in view of the amendment to Rule 183(1) of the Kerala Co-operative Societies Rules (For short 'the Rules') the upper age limit prescribed in Ext.P5 notification for candidates belonging to other backward classes should be taken as 43 years.
2. Ext.P5 is a copy of the notification dated 30/4/2010. Pursuant to Ext.P5 petitioner submitted an application seeking appointment to the post of Clerk Grade-1. Petitioner is aggrieved by the memo served on her by the 2nd respondent rejecting her application for the reason that she has crossed the upper age limit prescribed in the notification. It is not disputed that the petitioner had crossed the age of -2- W.P.(C).No.20182/2012 40 years as on 30/4/2010, the date of Ext.P5 notification, which is the age limit prescribed for other backward classes as per Rule 183 of the Rules. Rule 183 was amended by SRO.No.1005 of 2010 dated 2/11/2010. Petitioner is seeking the benefit of the amendment carried out in Rule 183 of the Rules. By the amendment a candidate for appointment by direct recruitment must have completed 40 years of age on the first day of January of the year in which the applications are invited. Provided that the upper age limit was raised by 5 years and 3 years in the case of SC/ST and OBC candidates respectively.
3. It is pointed out by the learned Standing Counsel for the 2nd respondent that Rule l83 of the Rules amended as per SRO.No.1005 of 2010 dated 2/11/2010 is not applicable to the selection, since the post was notified prior to the date of the Government Order and that the amendment has only prospective operation and no retrospective operation. The application of the petitioner was rejected by the Commission, since the applicant is -3- W.P.(C).No.20182/2012 over aged as on the date of notification. The petitioner is not entitled to get any relief in this writ petition.
Writ Petition is dismissed.
HARUN-UL-RASHID, JUDGE.
kcv.