The Court rules that lowering the maximum qualifying age for promotions is arbitrary and violates the doctrine of legitimate expectation and constitutional equality.
In a landmark decision, the Bombay High Court has set aside Rule 7(1)(c) of the Service Entry Rules, 2021, which reduced the maximum qualifying age for promotion to the post of Supervisor from 55 years to 45 years for Anganwadi Sevikas. The court found this reduction to be arbitrary and in violation of Articles 14 and 16 of the Constitution of India, as well as the doctrine of legitimate expectation.
The judgment came in response to a writ petition filed by Chaya Tulshiram Kharat and others, challenging the rule formulated by the Women and Child Development Department of Maharashtra. The petitioners, all experienced Anganwadi Sevikas, argued that the new age limit deprived them of their rightful promotions, creating unreasonable discrimination among similarly qualified individuals.
The court, comprising Justices Anil S. Kilor and Raj D. Wakode, emphasized that the State's justification for the age limit — difficulties in performing supervisory duties at an older age — lacked a rational nexus with the objective of the rule. The judges pointed out that Anganwadi Sevikas are considered fit to work until 65 years of age, yet the rule restricted them from serving as Supervisors until 58 years.
The court underscored the violation of the doctrine of legitimate expectation, which arises when a public authority's past conduct or established practices create a reasonable expectation of certain benefits or rights. The abrupt policy change, without valid justification, breached this doctrine.
The judgment also highlighted the importance of non-arbitrariness in recruitment rules, stressing that any classification must have a reasonable basis and relate logically to the objective intended. The rule's retrospective application further compounded its arbitrariness, affecting those who had already become eligible for promotion under the previous guidelines.
Consequently, the court declared the impugned rule unconstitutional and annulled the related communications enforcing it. The judgment serves as a reminder of the judiciary's role in safeguarding constitutional rights against arbitrary state actions.
Bottom line:-
Doctrine of legitimate expectation - Reduction of maximum qualifying age for promotion under Service Entry Rules without justifiable reasons violates the doctrine of legitimate expectation and Articles 14 and 16 of the Constitution of India.
Statutory provision(s): Articles 14, 16 of the Constitution of India, Service Entry Rules, 2021 Rule 7(1)(c), Article 309 of the Constitution of India.
