Court No. - 6
Case :- WRIT - A No. - 3055 of 2019 Petitioner :- Sunil Kumar Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nar Singh Narayan Verma Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri V.B. Yadav, the learned Standing Counsel for the State respondents.
This petition has been preferred principally seeking the following relief:
"i) Issue a writ, order or direction in the nature of mandamus commanding respondent no. 3 to accept the form of petitioner for the recruitment of Fireman, Jail Warden, Constable Horse Rider in pursuance of advertisement issued in the year 2019 by giving 8 years' relaxation in age 5 years being O.B.C. Candidate and 3 years being U.P. Home Guard;"
As is evident from the relief as framed the petitioner seeks the relaxation of 5 years plus 3 years in age by virtue of the provisions set forth in Clause 5.1 of the advertisement. The petitioner belongs to the O.B.C. category and is also seeking the benefits of horizontal reservation. However, the relief as framed cannot possibly be granted in light of the language employed in Clause 5.4 of the advertisement which unambiguously provides that a maximum age relaxation of 5 years would be provided. It is not possible for the petitioner, therefore, to contend that he is entitled to age relaxation of 8 years.
The submission addressed by the learned counsel on the strength of the second proviso to Clause 3.4 also cannot come to the aid of the petitioner since undisputedly even in the 2016 recruitment the maximum age relaxation which was provided for was 5 years.
The petition lacks merit and is consequently dismissed.
Order Date :- 26.2.2019/Arun K. Singh