VIRAJ SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) DR . Viraj Srivastava, is before this Court questioning the validity of the decision dated 14.10.2009 passed by Secretary, U.P. Public Service Commission, Allahabad, respondent no. 4 non -suiting the candidature of the petitioner on the premises of petitioner being over age.

(2.) BRIEF background of the case is that pursuant to Advertisement No. 2/2007 -08 published in the Employment News dated 11.08.2007 inviting applications for selection and appointment on the post of Homoeopathic Medical Officer, petitioner, who had obtained Bachelor of Homoeopathic Medicine and Surgery (BHMS) degree from Raj Bahadur Tunik Shah Homoeopathic Medical College, and Hospital, Muzaffarpur, affiliated to Dr. B.R. Ambedkar Bihar University, Muzaffarpur, applied for consideration of his candidature. Maximum age that has been provided was 35 years and petitioner in spite of fact that he was over age proceeded to apply for consideration of his candidature then U.P. Public Service Commission, in its wisdom has chosen to turn down the candidature of the petitioner being over age. Petitioner is trying to submit before this Court that he was entitled for relaxation in age based on Government Order dated 13.08.1985 and further in consonance with the provision as contained under U.P. Public Service Commission (Relaxation of Age Limit) Rules, 1992. Accordingly in the facts of the case relaxation in question be accorded and his candidature in question be accepted as valid.

(3.) SUPPLEMENTARY affidavit has also been filed giving therein various instances wherein relaxation has been provided to other category of the incumbents.