Court No. - 4
Case :- WRIT - A No. - 27037 of 2018 Petitioner :- Ram Kripal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalta Prasad Counsel for Respondent :- C.S.C.,Mrigraj Singh
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 1st December, 2018. He claims parity on the ground that in the past such age relaxation was offered to the Shiksha Mitra. In the opinion of the Court, the age relaxation in connection with Shiksha Mitra has been 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 was in the special facts and circumstances of that case and confined to that category of teachers only whose absorption was set aside. 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 :- 20.12.2018 Atmesh