PRAKASH CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Zafar Siddique, learned counsel for the petitioner, Mr. Lalit Samant, learned counsel for the respondent No.3 and Mr. Pankaj Miglani, learned counsel for the High Court.

(2.) The petitioner has invoked the jurisdiction of this Court questioning the vires of Rule 7 of the Uttarakhand Subordinate Civil Courts Ministerial Rules 2007 (hereinafter referred to as the "2007 Rules"), in so far as it prescribes the upper age limit, for the ministerial cadre in Group-C posts, as 35 years, to be illegal and ultra vires Articles 14 & 16 of the Constitution of India; for a writ of certiorari to quash the advertisement dated 12.09.2019 to the extent it prescribes the maximum age limit as 35 years; a writ of mandamus commanding and directing the respondents to permit the petitioner to submit the application form pursuant to the advertisement dated 12.09.2019, and for his candidature to be considered; and a writ of mandamus commanding and directing the respondents to make necessary amendments in the 2007 Rules as well as in the advertisement dated 12.09.2019 by prescribing the maximum age for Group C posts as 42 years pursuant to the "Uttarakhand Sewao Me Bharti (Ayu Sima) Niyamawali 2014.

(3.) The petitioner's age is 37 years and it only if the upper age limit, prescribed in the 2007 Rules, is enhanced from 35 to 42 years, would he then be eligible to apply for, and to be considered for, appointment to Group C posts pursuant to the impugned advertisement. The petitioner's claim that Rule 7 of the 2007 Rules is ultravires Articles 14 and 16 of the Constitution of India is based on the ground that, by the 2014 General rules, the State Government had enhanced the upper age limit, for seeking appointment to Group C posts, to 42 years; and this upper age limit has not been extended to employees in the Ministerial Cadre, employed in the Civil Courts and Family Courts subordinate to the High Court, in the State of Uttarakhand.