Court No. - 3
Case :- WRIT - A No. - 8307 of 2018 Petitioner :- Akhila Nand Mishra Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Shishir Kumar Dwivedi,Krishnaji Khare Counsel for Respondent :- A.S.G.I.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
1. Heard Sri Krishanji Khare, learned counsel for the petitioner. Sri S.P. Singh, Additional Solicitor General of India assisted by Sri Manoj Kumar Mishra has appeared for the respondents No. 1 and 2.
2. The petitioner is aggrieved by the advertisement dated 05.08.2017 (annexure-6 to the writ petition) by which applications inter alia for the post of Glass Technologist/Assistant Glass Technologist have been invited by the Ministry of Micro Small and Medium Enterprises (MSME) Government of India.
3. The advertisement provides that for the above posts the maximum age shall be 40 years and 35 years respectively as on 01.06.2017 and that relaxation upto five years for the S.C./S.T./Internal Candidates and for three years for O.B.C. is permissible.
4. The contention of the petitioner is that he is an internal candidate and that the aforesaid age relaxation is not sufficient to enable him to apply as he is aged about 51 years. There should be no age limit for internal candidates. He further submits that the post of Glass Technologist/Assistant Glass Technologist are lying vacant for last many years.
5. This court in exercise of extraordinary jurisdiction is not supposed to act as a policy maker or as a law maker. The prescription of the age or its relaxation is according to the policy of the Ministry. No illegality or arbitrariness has been pointed out in providing age relaxation of five and three years respectively.
6. In view of above, the petitioner, who may be an internal candidate aged about 51 years, cannot be permitted to participate in the above selection process by giving any benefit of age relaxation.
7. Accordingly, we find no merit in the petition and the same is dismissed.
Order Date :- 27.3.2018 piyush