Allahabad High Court Dismisses Plea Challenging Upper Age Limit For UP Higher Judicial Services

A Division Bench comprising of Justices Munishwar Nath Bhandari and Rohit Ranjan Agarwal refused to interfere with the advertisement on noting that the same is in consonance to Rule 12 of the Uttar Pradesh Higher Judicial Service Rules, 1975.

"We find no force for challenge to the clause of 'age' given in the advertisement as being in consonance to Rule 12 of Rules of 1975," the Bench said while dismissing the petition.

Background

The petition was filed by a reserved category candidate, Munendra Singh, claiming that the impugned advertisement dated December 12, 2019, was contrary to the 1975 Rules.

He submitted that he was born on January 1, 1973 and would be 48 years of age as on January 1, 2021.

He submitted as per Rule 12, he is eligible to appear in the examination however, due to the criteria given in the advertisement being contrary to Rule 12, he may be barred.

He insisted that the upper age of 48 years for appearing in the examination should have been as on January 2, 2021 instead and thus interference in the clause of age given in the advertisement be made.

Findings

The Court observed that there is no infirmity in the advertisement inasmuch as Rule 12 also stipulates the cut off age for age determination as January 1 of the following year.

Rule 12 states:

" A candidate for direct recruitment must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January next following the year in which the notice inviting applications is published;

Provided that the upper age limit shall be higher by three years in case of candidates belonging to Scheduled Castes and Scheduled Tribes and such other categories as may be notified by the Government from time to time."

In this backdrop, the Bench ruled,

"As per the rule, one must not have attained the age of 45 years on the first day of January next following the year in which the notice inviting applications is published. The petitioner being Other Backward Class candidate, is entitled for three years' relaxation in age but as per the rules, he would be over aged on 01.01.2021. It is for the reason that he would be attaining the age of 48 years as on 01.01.2021 and thus not entitled for appearing in the selection as per rule 12 of the Rules of 1975, as amended."

Case Title: Munendra Singh v. Allahabad High Court & Anr.

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