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Allahabad High Court · body

2019 DIGILAW 2199 (ALL)

Radhika Prasad v. Registrar General, High Court of Judicature at Allahabad

2019-09-19

PANKAJ MITHAL, SARAL SRIVASTAVA

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JUDGMENT : 1. Heard Sri Narendra Pratap Singh, learned counsel for the petitioner and Sri Ashish Mishra, learned counsel appearing for the respondents. 2. The petitioner by means of this writ petition is seeking a direction to provisionally permit him to appear in the U.P. Higher Judicial Service, 2018 Part-III by giving 5 years of age relaxation to him as an Ex-Serviceman as is being provided to the SC, ST and OBC candidates. 3. In this regard Rule 12 of the U.P. Higher Judicial Service Rules, 1975 is relevant which is reproduced herein below for the sake of convenience: "12. Age-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." 4. A plain reading of the aforesaid Rule reveals that the maximum age limit for appearing in the Higher Judicial Service is 45 years for general category of candidates as on the first day of January next following the year in which the notice inviting applications is published. The said age limit has been relaxed by 3 years only for SC and ST candidates. 5. There is no notification of the State Government providing any age relaxation for any other category of candidates much less the Ex-Serviceman. 6. Learned counsel for the petitioner submits that the Ministry of Personnel Public Grievance of Pension vide notification dated 4th October 2012 has provided for age relaxation for Ex-Serviceman. 7. The aforesaid notification is not in respect any service of the State Government. The Government competent to notify the? age relaxation under Rule 12 is the Government of U.P. 8. The definition of the Government as provided in Rule 3(b) of the Rules refers to the Government of U.P, and not to the Union Government. Therefore, notification issued by the Central Government providing for age relaxation to Ex-Serviceman is not applicable to the recruitment made under the U.P. Higher Judicial Service Rules, 1975. 9. In view of the aforesaid facts and circumstances, we find no merit in the petition and the same is dismissed.