Court No. - 4
Case :- WRIT - A No. - 26999 of 2018 Petitioner :- Arvind Kumar Shukla And 21 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi Counsel for Respondent :- C.S.C.,Mangla Prasad Rai
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioners have sought age relaxation for the purposes of selection and appointment of Assistant Teachers pursuant to the advertisement dated 1st December, 2018. They claim 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 petitioners are not a Shiksha Mitra, they are open category candidates 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 :- 20.12.2018 Atmesh