Candidates Can't Claim As A Matter Of Right That Recruitment On Any Govt Post Should Be Made Every Year: Allahabad High Court

The Allahabad High Court has observed that candidates cannot claim as a matter of right that recruitment on any post should be made every year. With this, the Court denied relief to certain over-aged Assistant Prosecution Officer Exam - 2022 candidates.

The bench of Justice Saurabh Shyam Shamshery also emphasized that due to inaction on the part of the State Government in not filing the posts year-wise, the candidates cannot get a right to participate in the selection process being over-aged.

The case in brief

Essentially, certain APO Exam 2022 candidates moved to the High Court seeking direction to the state government to accept their application form, despite the fact that they are of over-age as per the APO Exam 2022 notification.

It was their submission that no recruitment process for Prosecuting Officers could be conducted after 2018, and when after four years now, the instant recruitment process commenced in 2022, many candidates (including the petitioners) have become overaged.

Therefore, it was contended that by fixing a cut-off date for the maximum age of 40 years to be July 1, 2022, respondents have declined the petitioner's legitimate right to participate in the examination and the cut-off date for the maximum age ought to have been July 1, 2021.

In this regard, the counsel relied upon the definition of 'Year of Recruitment' (Rule 3(I) of U.P. Prosecuting Officers Service Rules, 1991 which states that "means a period of twelve months commencing from the first day of July of a calendar year".

Against this backdrop, it was argued that since the date of Advertisement (of the APO Exam 2022) was April 21, 2022, therefore, year of recruitment ought to be July 1, 2021, to July 1, 2022, and accordingly cut off date for maximum age ought to be July 1, 2021, and not July 1, 2022.

On the other hand, the respondents argued that since the advertisement was issued on April 21, 2022, therefore, recruitment year would be 2022-23 and the reckoning date would be 1 July, 2022, as such, cut off date is rightly fixed.

Court's observations 

At the outset, the Court noted that the Covid-19 pandemic has not only affected the day-to-day life of a human being but has also affected State's normal working and that an example of it was the instant recruitment process, which was scheduled after four years.

Resultantly, the Court noted that the petitioners became over aged according to to cut off date i.e. they have crossed the age of 40 years before July 1, 2022, i.e. they are born earlier than 2nd July. 1982.

Further, referring to Rule 10 of the U.P. Prosecuting Officers Service Rules, 1991, the Court noted that it provides that the reckoning date for age will be the first day of July of the Calendar Year in which vacancies for direct recruitment are advertised by the Commission.

Thus, finding a valid justification in fixing the cut-off date as July 1, 2022, the Court remarked thus:

"In the present case, Commission has advertised on 21.4.2022, therefore, calendar year would be 1 January, 2022 to 31 July, 2022 and accordingly date would be the first day of July of Calendar year i.e. 1.7.2022. Commission and State have followed the provisions correctly. Fixing of date cannot be said to be arbitrary. Petitioners have failed to make out a case for interference."

Consequently, the Court did not find any illegality and irregularity in fixing of reckoning date in terms of date of advertisement i.e. 1.7.2022, and therefore, the Court dismissed their pleas.

Case title - Ajay Kumar Yadav And Another v. State Of U.P. And 2 Others along with connected matters

Case Citation: 2022 LiveLaw (AB) 374

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