HARI SHANKAR TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER is claiming that he should be allowed to appear in the interview for the Combined state Services Examination held by U. P. Public Service Commission and be provided with all the benefits of Ex-Service men including reservation in service after quashing the Government letter/order dated December 28,1989, contained in Annexure-1, depriving him of the same.

(2.) THE petitioner was born on June 3, 1983 and as such, he was within the age limit prescribed for appearing in the Combined State Services Examination of 1988-89 held by U. P. Public Service Commission (P. S. C.) without any relaxation in age. After serving in the armed forces for three years seven months and ten days he was discharged from the service of the Army on November 10, 1982 on medical ground. In pursuance of the advertisement by Public Service Commission contained in Annexure-2 for recruitment of Combined State Services Examination the petitioner appeared in the written examination and qualified it. The petitioner was exempted from examination fee on being an army personnel. Subsequently, by virtue of the letter/order of the Public Service Commission dated December 28, 1989, contained in Annexure-1, the petitioner was informed that since the petitioner had not served in the Army at least for five years he could not be considered for appointment against the quota reserved (in the services) for Ex-Service men and thus he was not entitled to the benefits available to the Ex-Service men. This has given rise to the filing of this writ petition.

(3.) IN the counter-affidavit filed on behalf of the opp. party No. 2 it is asserted that the benefits of five years' relaxation in upper age limit for the Ex-Service men for appearing in the Combined State Services examination as well as for the appointment against the reserved quota fixed for Ex-Service men in the said services, are available to those who have completed not less than five years' service in the Army. In other words the basis for either of the two benefits being available to Ex-Army personnel is the minimum duration of five years' service in the Army and since the petitioner is admittedly lacking in this basic qualification inasmuch as his total period of service in the Army was three years, Seven months and ten days, he is not entitled to the benefit against reservation quota fixed for Ex-Service men in the services for which the examination in question was held.