MOHD MARUF AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel.

(2.) The petitioner contends that he could not have been eliminated from his service inasmuch as he was fully eligible qualified and he had appeared in the selections which were held in the year 2006.

(3.) From a perusal of the facts on record, it is evident that on an earlier occasion, the claim of the petitioner had been non-suited on account of an incorrect inquiry having been made with regard to the genuineness of the High School Certificate of the petitioner. The said claim was allowed by this Court vide order dated 9.7.2009 passed in Writ Petition No. 59329 of 2007 whereafter the claim of the petitioner was re-examined and it is evident that the last date of the application under the Advertisement was 30 8.2005 and the maximum age permissible under the Advertisement was 20 years as on 1.7.2005. The petitioner's date of birth, according to the High School Certificate, is 10.7.1985. In view of the age limit as prescribed in the Advertisement, the petitioner was 9 days less than 20 years and, therefore, the claim of the petitioner appears to have been incorrectly assessed by the respondents - authorities.