The High Court dismissed a writ petition seeking to quash the U.P. Public Service Commission's advertisement regarding the upper age limit for Assistant Radio Officer posts, holding the petitioner did not fall within eligible categories for relaxation.
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Court No. - 36 Case :- WRIT - A No. - 13903 of 2018 Petitioner :- Vivek Kumar Tripathi Respondent :- U.P. Public Service Commission And Another Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and Sri Bala Nath Mishra, learned counsel has put in appearance on behalf of respondent no. 1.
The petitioner is seeking for quashing of the advertisement no. 1/2018-19 dated 18.5.2018 issued by U.P. Public Service Commission, Allahabad in fixing upper age limit for the post of Assistant Radio Officer as provided under the Rules relating to recruitment to the said service.
On the basis of Clause (4) of General instructions provided in the advertisement in question, the contention of learned counsel for the petitioner is that age relaxation has been granted to different categories of employees working with the State Government as also Ex-service men. The petitioner has become overage for few months and at present he is working on the post of Sub-Inspector (Telecommunication) in I.T.B.P.
Submission is that the petitioner be considered for upper age relaxation.
The categories of employees to whom age relaxation in upper age limit can be granted, has been provided in the aforesaid clause of the advertisement itself, the petitioner does not fall in any of the categories mentioned therein.
Even otherwise, the fixation of age criteria or the eligibility requirements for recruitment to a particular post or service is well within the jurisdiction of the Recruiting Authority. Rule making authorities are competent to fix upper age criteria and other eligibility requirement in the rules relating to recruitment.
Learned counsel for the petitioner has not been able to assail the upper age limit fixed under the advertisement, being contrary to the recruitment Rules.
The relaxation which has been granted to the categories of employees mentioned in Clause (4) of the General instructions is in conformity with the provision notified by the State Government.
For the above noted reasons, no merits is found in the writ petition.
Dismissed as such.
Order Date :- 15.6.2018 Brijesh
2 issues framed by the court
Whether the petitioner is entitled to age relaxation under the recruitment advertisement rules.
Whether the fixing of age criteria by the recruiting authority is valid.
Vivek Kumar Tripathi
U.P. Public Service Commission
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
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