PATRAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the petitioners have prayed for quashing of the order dated 14.5.1998 by which their results relating to the Lekhpal School Examination, 1996-97 have been cancelled.

(2.) In pursuance of an advertisement to select the candidates for giving training on the post of Lekhpal. the petitioners appear to have applied. The petitioners application forms have been found to be valid in every respect for Lekhpal School Examination, 1996-97. They were permitted to appear in the examination, Admit cards were issued to the petitioners. The admit cards so issued to the petitioners is Annexure-5 to the writ petition. After completion of the examination, so far the petitioners are concerned, their results have been cancelled by order impugned in this petition, on the ground that they are over age, i.e., they are more than 25 years of age.

(3.) Learned counsel for the petitioners submits that action on the part of the respondents besides being illegal arbitrary, is also discriminatory. It has been pointed out that the respondents themselves are not clear that what should be the maximum age on which selection is to be made inasmuch as although Lekhpal Service Rules, 1958, which has been framed under Article 309 of the Constitution provides for upper age of 35 years but the respondents in the advertisement have mentioned upper age as 25 years. It has also been pointed out that although, age as 18-25 year is mentioned in the advertisement but right from 1990 onward, irrespective of mention of that age, i.e., 18-25 years, candidates even of more than 25 years of age have been permitted to appear and their results have finally been declared. Learned counsel for the petitioner has taken the Court to the averments as mentioned in paras 17, 18, 19 of the writ petition. In para 18, it has been stated that although the petitioner No. 3 was of more than 25 years of age, was permitted to appear in 1992 examination and his result was also declared. Similarly in 1994, petitioner No. 4 also being more than 25 years of age. was permitted to appear and his result was also declared. In paras 17 and 19 of the writ petition, a specific averment has been made that there are large number of persons whose results have been declared in respect to this very examination of 1996-97 in which the petitioners have appeared, although those candidates were also of more than 25 years of age. The petitioners have annexed, copy of the list of 33 candidates as Annexure-6 to the writ petition who appeared in 1997 Lekhpal School Examination, being more than 25 years of age, whose results have been declared. Admit cards so issued to the petitioner vide Annexure-5 shows that the petitioners were also permitted to appear in the examination, which took place in the year 1997. On the basis of the aforesaid material, it has been vehemently argued that the respondents cannot be permitted to act in arbitrary and discriminatory manner.