Age computation for recruitment eligibility turns on the day preceding the birth anniversary, making the candidate overage.

For legal eligibility under Rule 11-B, age is computed by counting the day of birth as a whole day and excluding fractions of a day; the specified age is therefore attained on the day preceding the anniversary of birth. Applying that principle, a candidate born on 2 January 1956 completed 28 years at midnight on 1 January 1984 and was over the upper age limit on 1 January 1984. The candidate was consequently ineligible for direct recruitment under the rule. The same approach accords with the principle reflected in the Indian Majority Act, 1875 on legal computation of age.

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Issues: Whether a candidate born on 2 January 1956 had attained the age of 28 years on 1 January 1984 for the purpose of eligibility under Rule 11-B of the Rajasthan State & Subordinate Service (Direct Recruitment by Competitive Examination) Rules, 1962.

Analysis: The governing rule required the candidate to have attained the prescribed minimum age and not to have attained the upper age limit on the first day of January next following the last date fixed for receipt of applications. The proper method of computing age treats the day of birth as a whole day and excludes fractions of a day. On that basis, a person attains the specified age at the beginning of the anniversary day, that is, on the day preceding the anniversary of birth. Section 4 of the Indian Majority Act, 1875 reflects the same principle of legal computation of age. Applying that rule, a person born on 2 January 1956 completed 28 years at midnight on 1 January 1984 and was one day over 28 years on 2 January 1984.

Conclusion: The candidate had attained the upper age limit on 1 January 1984 and was ineligible for direct recruitment under Rule 11-B.

Ratio Decidendi: In computing age for legal eligibility, the day of birth is counted as a whole day and the specified age is deemed attained on the day preceding the anniversary of birth.

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