' The petitioner feels aggrieved of the act of the respondent of declining to give him admission in spite of the fact that the Director, Education had passed an order giving relaxation as regards age up to the extent of seven years.
2. The case of the respondent was that according to the policy the recommendation/report from the Principal should have been called for before passing order as regards relaxation of age by the Director. I have examined the policy decision as regards relaxation of age according to which the Principal of the College is empowered to give relaxation up to five years, the Director up to eight years and DPI up to ten years. It has also been provided that if the concerned officer is of the view that a case was fit for grant of relaxation as regards age beyond the permissible limit he shall have to refer the matter to the higher authorities which mean that if the Principal wanted to give relaxation beyond five years he was required to refer the matter to the Director and if the Director wanted to give relaxation beyond eight years he was required to refer the matter to DPI. Every officer if wanted to give relaxation within permissible limit he was not required to send for report or comments of the Principal. The exercise of the said power as regards relaxation has not been made subject to admission policy.
3. The petitioner having been granted relaxation in age by the Director within permissible limits, therefore, he was entitled to get admission in the college. The act of the respondent of declining to give admission to the petitioner is hereby declared to be without lawful authority and of no legal effect. The petitioner was granted admission in pursuance of the interim order dated 6-11-1993 passed in the writ petition. The said admission is hereby made absolute and the petitioner shall continue to be treated as regular student. The writ petition stands accepted in the above terms.
There will be no order as to costs.