VIJAY KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Mishra, learned counsel for petitioner assisted by Sri Gaurav Upadhyaya, Advocate and Sri Dilip Pandey, Advocate. Sri Ran Vijay Singh, learned counsel is appearing for respondent Commission and learned Standing Counsel is present for the State.

(2.) Petitioner has approached this Court praying for a mandamus commanding the respondent no.2 U.P. Subordinate Services Selection Commission, Lucknow (hereinafter referred to as 'Commission') to allow the petitioner to participate in the main examination for the post of Revenue Lekhpal.

(3.) The facts of the case as per the writ petition are that the Commission held a common Preliminary Entrance Test (PET) in the month of June, 2021, for facing selections for any Class-III post, to be filled up later through the Commission. Petitioner appeared in the said PET examination held on 17/6/2021 and cleared the same. Thus, he became entitled for appearing in selection examination to be held for any Class-III posts by the Commission. On 24/7/2021 Commission issued a proposed program for selections for different posts scheduled to be conducted by the Commission before March, 2022. The selection for the post of Revenue Lekhpal was proposed to be held in November, 2021. The same, however, could not be advertised in November, 2021 but was advertised on 5/1/2022 by Advertisement No.1 of 2022. Amongst other conditions for eligibility to appear in the selection process for the post of Revenue Lekhpal, one of the condition initially advertised on 5/1/2022 was, that, the age of candidate on 1/7/2021 should not be less than 18 years and not more than 40 years. Therefore, petitioner was qualified as per the said advertisement. The said advertisement, however, was later modified and provided the maximum age limit of 40 years as on 1/7/2022, as per the U.P. Recruitment to Services (Age Limit) (Tenth Amendment) Rules, 2012. Admittedly, petitioner is of more than 40 years on 1/7/2022 as his date of birth is 15/5/1982, and, thus, he has approached this court.