SUSHIL KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Recruitment to 9534 posts of Sub-Inspector, Civil Police (Male and Female), Platoon Commander PAC, and Second Officer in Fire Brigade came to be initiated by the Government of Uttar Pradesh, in furtherance of which an advertisement was issued by U.P. Police Recruitment Board, Lucknow (hereinafter referred to as the ''Board') on 24.2.2021. The advertised vacancies were of the recruitment years 2017-18, 2018-19 and 2019-20, respectively. Clause 3.4 of the advertisement required the age of applicant to be not below 21 years and not above 28 years as on 1.7.2021. Age relaxation was permissible for SC/ST candidates in terms of the State policy. The recruitment is regulated by the provisions of the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2015 (hereinafter referred to as the ''Rules of 2015').

(2.) On the relevant date i.e. 1.7.2021 all the writ petitioners were above 28 years of age and therefore ineligible to apply against aforesaid advertisement. Petitioners, however, assert that since advertised vacancies are of the years 2017-18, 2018-19 and 2019-20 and therefore, they be permitted to apply against the advertisement inasmuch as they were eligible when the vacancies arose, being below 28 years of age on the date vacancies occurred. It is also contended that respondents failed to advertise the vacancies in respective years despite an assurance having been given before the Supreme Court. As such the maximum age specified in Clause 3.4 of the advertisement be relaxed for them, as a one time measure, to enable them to apply for the recruitment in question.

(3.) Since prayer is made in this bunch of writ petitions is substantially the same, Writ Petition No.4924 of 2021 (Sushil Kumar Singh And 127 Others Vs. State Of U.P. And 2 Others) is treated as leading writ petition, wherein following prayer has been made:-