Dismissed

Pushpendra Kumar AND13 Others v. Staff Selection Commission and 2 Others

Allahabad HC19 Apr 2018SPLA/338/2018

Case brief

AI extract

What is this about?

This Special Appeal challenged the Staff Selection Commission's fixing of 1 August 2018 as the age limit cut-off date for the CISF and Delhi Police recruitment exam. The court rejected the appellant's claim that 1 January 2018 should have been chosen, upholding the departmental instruction linking the date to the examination half-year. The appeal was dismissed.

What the court decided

AI extract

Pushpendra Kumar AND13 Others Vs Staff Selection… — Service and Employment | Allahabad HC (2018)

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Court No. - 39

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Case :- SPECIAL APPEAL No. - 338 of 2018

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Appellant :- Pushpendra Kumar And13 Others Respondent :- Staff Selection Commission And 2 Others Counsel for Appellant :- Bhaskar Bhadra Counsel for Respondent :- A.S.G.I.,Sabhajeet Singh

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Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

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The issue in the writ petition out of which this Special Appeal arises was about the fixing of date for determining the age limit in regard to the advertisement that was issued on 3 March 2018 for recruitment of Sub-Inspector in Delhi Police, Civil Armed Police Forces and Sub-Inspectors in CISF Examination-2018.

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The date for determination of age limit is as follows :

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"4(A). Age Limit: 20-25 years as on 01.08.2018 (i.e. candidates born not before 02.08.1993 and not later than 01.08.1998 are eligible) subject to permissible relaxations listed at 4(B) below.

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Note-I: Candidate should note that the date of birth as recorded in the Matriculation/Secondary Examination Certificate or an equivalent certificate only, will be accepted by the Commission for determining the Age eligibility and no subsequent request for its change will be considered or granted."

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Paper-I examination for the said recruitment was to be held between 4 June 2018 and 10 June 2018 and Paper-II examination was to be held on 1 December 2018.

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The contention of the writ petitioner was that the age limit should have been determined as on 1 January 2018 and not 1 August 2018. This contention did not found favour of the learned Judge and the writ petition was dismissed.

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Learned counsel for the appellant has contended that in many examinations, the cut-off date for the age limit was fixed as 1 January 2018 and, therefore, there is no good reason as to why the age limit should have been determined as on 1 August 2018 in the impugned advertisement.

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Learned Assistant Solicitor General of India has placed before the Court the instructions that have been provided by the department. The instructions refer to the Office Memorandum dated 14 July 1988 that provides that if the examination is held in the first half of the year, then the cut-off date for determining

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the age is fixed as 1 January but if the the examination is held in the second half of the year, then the cut-off date is fixed as 1 August.

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In the present case, two examinations were to be held. The first examination was to be held between 4 June 2018 and 10 June 2018 and the second examination was to be held on 1 December 2018. As one examination was to be held in the second half of the year, the decision taken by the department fixing 1 August 2018 as the date for determining the age of candidates cannot be said to be arbitrary.

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We, therefore, do not find any substance in the submission advanced by learned counsel for the appellant that 1 January 2018 should have been fixed for determining the age of candidates.

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The Special Appeal is, accordingly, dismissed.

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Order Date :- 19.4.2018 GS

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(Dilip Gupta, J.)

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(Neeraj Tiwari, J.)

Pushpendra Kumar AND13 Others v. Staff Selection Commission and 2 Others

Case brief

What is this about?

What the court decided

Pushpendra Kumar AND13 Others v. Staff Selection Commission and 2 Others

Case brief

What is this about?

What the court decided

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