HIMANSHU BARTWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The respondent no.2, the Uttarakhand Subordinate Service Selection Commission (for short, "the Commission") published an advertisement on 28/12/2021 for recruitment of Constable Police. In Clause 6 of it, it is provided that the cut-off date for calculating age would be 1/7/2021. The petitioner is aggrieved by that part of the advertisement.

(2.) It is the case of the petitioner that the rules which govern the services of Constable Police do not provide any cut-off date for recruitment to the post of Constable Police. The petitioner has completed 18 years post 1/7/2021. Therefore, he should be permitted to appear in the recruitment process. Reference has been made to the Uttarakhand Police Constable and Head Constable (Civil Police, Intelligence and Armed Police) Service Rules, 2018, (the Rules), particularly, Rules 5 and 9 have been referred to. Reference has also been made to the Uttarakhand Subordinate Service Selection Commission Act, 2014 (for short, "the Act") to argue that, in fact, the Commission has no authority to fix cut-off date.

(3.) Heard learned counsel for the parties through video conferencing and perused the record.