Court No. - 29
Case :- WRIT - A No. - 13281 of 2019 Petitioner :- Shesh Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pavan Kumar Mishra Counsel for Respondent :- C.S.C.,Ashish Mishra
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Pavan Kumar Mishra, learned counsel for the petitioner and Sri Ashish Mishra, learned counsel for respondents No. 2 and 3.
The petitioner is challenging the advertisement dated 09.08.2019 whereby High Court of Allahabad has invited applications for direct recruitment to the Uttar Pradesh Higher Judicial Service.
The petitioner has also made a prayer that he may be permitted to participate in the said examination.
The first contention of learned counsel for the petitioner is that the advertisement is bad as it only proposes to fill up backlog vacancies.
The argument is completely misconceived inasmuch as not only the backlog vacancies but the vacancies likely to arise uptil 31.12.2019 have been taken into account before issuing the said advertisement.
The aforesaid advertisement though titled as part-III of 2018 is in fact independent of the earlier recruitment examination. It has been issued pursuant to the directions of the Supreme Court.
There is no error or illegality in issuing the said advertisement.
Secondly, it has been contended that the petitioner is overage and that he is entitled to age relaxation.
Rule 12 of the U.P. Higher Judicial Service Rules, 1975 provides the age of 45 years as the maximum age for general candidates with relaxation of 3 years to the Scheduled Castes and Scheduled Tribes candidates.
The petitioner is a Scheduled Caste candidate and even after applying the relaxation of 3 years as provided in Rule 12, he is still overage by 4 months 21 days as on the cut off date i.e. 01.01.2020.
In view of the above, as he is overage despite relaxation of 3 years, he cannot be permitted to participate in the said examination. There is no provision for any further relaxation.
In reference to the above controversy, it would be relevant to take note of the decision of the Apex Court in Hirendra Kumar Vs. High Court of Judicature at Allahabad, 2019 SCC Online SC 254 wherein the controversy with regard to cut off date, age and age relaxation to the U.P. Higher Judicial Service has been dealt with.
Accordingly, in our opinion, the petition lacks merit and is, accordingly, dismissed.
Order Date :- 22.8.2019 Nirmal Sinha