The Allahabad High Court recently dismissed a petition that challenged the age criteria mentioned in an advertisement that called for applications to Uttar Pradesh Higher Judicial Services.
The Division Bench comprising Hon’ble Justice Munishwar Nath Bhandari and Hon’ble Justice Rohit Ranjan Agarwal refused to interfere with the advertisement noting that it was in accordance with Rule 12 of Uttar Pradesh Higher Judicial Service Rules.
Background of the Case:-
The petitioner in the instant case was one Munendra Singh, who belonged to the Reserved category. Singh claimed that the impugned advertisement dated 12.12.2019 was contrary to the 1975 Rules.
Singh further submitted that he was born on 01.01.1973 and would be 48 years of age on 01.01.2021. He contended that as per Rule 12, he was eligible to appear for the exam, but he was barred due to the criteria mentioned in Rule 12.
Observations of the Court
The Court observed that there was no infirmity in the said advertisement as Rule 12 stipulates cut off age for age determination as 1st January of the following year.
According to Rule 12, A candidate for direct recruitment should have attained the age of 35 years and should not have attained 45 years on the first day of January in the year when the notice inviting applications is published.
The Rule also reads that the upper age shall be higher than three years for SC/ST candidates as notified by the government from time to time.
In this context, the Bench observed that a candidate should not have attained 45 years on January 1 in the year when notice is published. As the candidate belongs to the OBC category, he was allowed to get a three-year relaxation and therefore, he would be 48 years in age on 01/01/21, which make him ineligible to apply as per Rule 12 of the 1975 Act.