The five petitioners in the present case have approached this Court for a mandamus that the respondents may also accept their applications for the examination of U.P. Higher Judicial Service Examination, 2020 treating them to be within the cut off age.
The Advertisement was published on 17.12.2020. The cut off age is provided by Rule 12 of the Uttar Pradesh Higher Judicial Service Rules, 1975 which reads as follows:-
"12. Age - A candidate for direct recruitment must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January next following the year in which the notice inviting applications is published;
Provided that the upper age limit shall be higher by three years in case of candidates belonging to Scheduled Castes and Scheduled Tribes and such other categories as may be notified by the Government from time to time."
Therefore, the petitioners were supposed to be under age of 45 years on 1.1.2021. However, they all, completed their age of 45 years from January to May, 2020. Learned counsel for petitioners submits that looking into the CORONA condition in the last year, the examination could not be conducted and they are suffering because of delay in conducting the examination in special pandemic circumstances. He submits that the petitioners are entitled for granting relaxation in age in the special pandemic circumstances. Learned counsel for petitioners submits that proviso to Rule 12 of aforesaid Rules gives benefit of three years relaxation in case of candidates belonging to Scheduled Castes and Scheduled Tribes and such other categories as may be notified by the State Government from time to time. Therefore, learned counsel for petitioners seeks liberty of this Court to approach the State Government under the proviso of Rule 12 of aforesaid Rules for notifying the relaxation of age looking into the special pandemic circumstances.
Learned counsel for respondents could not object to the said prayer of petitioners of approaching the State Government. He, however, states that all issues should be considered by the State Government only without any observation of this Court.
Looking into the facts and circumstances of the case, it is provided that the petitioners may approach the respondent principal Secretary, Law/Legal Remembrancer, U.P. civil Secretariat, Lucknow within a period of one week from today. In case such a representation is filed, the State Government shall consider and decide the same within a period of four weeks from the date a certified copy of this order is placed before him. It is made clear that this Court has not gone into the merit of the case. All questions are left over to be considered by the State Government.
With the aforesaid, the writ petition is disposed of.
Order Date :- 11.2.2021 Rajneesh JR-PS) (Vivek Chaudhary, J.)