Court No. - 4
Case :- WRIT - A No. - 27368 of 2018 Petitioner :- Ajit Singh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Somendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner has sought age relaxation for the purposes of selection and appointment of Assistant Teacher pursuant to the advertisement dated 5th December, 2018. He claims parity on the ground that in the past such age relaxation was offered on the ground that age relaxation was granted to the Shiksha Mitra. In the opinion of the Court, the age relaxation in connection with Shiksha Mitra pursuant to the order of the Apex Court in the case of State of U.P. v. Anand Kumar Yadav decided on 25th July, 2017, the said judgment in the special facts and circumstances of that case and confined to that category of teachers only. The petitioner is not a Shiksha Mitra, he is open category candidate and, therefore, the general rules of recruitment shall be applicable. The rule of age relaxation can only be prescribed by the rule making authority. It is a legislative function which cannot be exercised by this Court by means of the judicial review under Article 226 of the Constitution of India.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 21.12.2018 Atmesh