YOGISH CHANDRA TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition is directed against an order passed by the Director General Prantiya Rakshak Dal dated 31.1.2019, which records that in view of the advertisement published on 13.3.2018, the post of Regional Youth Welfare Officer and Vyayam Adhikari would be filled by Subordinate Service Commission. Petitioners' claim for exemption in the outer age limit prescribed in the advertisement has also been rejected. This decision appears to have been taken relying upon the earlier Government Order dated 24.6.2003, which is also assailed in this petition.

(2.) It appears that the post in question was advertised by the department itself in the year 2001 and the petitioners also applied pursuant to it. However, the proceedings of recruitment were not finalised on account of various reasons. One Arun Kumar Singh appears to have filed a writ petition before this Court i.e. Writ Petition No. 5030 (S/S) of 2003 which was disposed of with a direction upon the respondents to take steps for holding written examination according to the advertisement dated 7.9.2001 in accordance with the then applicable Rules of 2001. The State Government thereafter issued a notification on 10.9.2007, bringing the post itself within the purview of Public Service Commission. The recruitment was subsequently assigned to the U.P. Subordinate Commission after a Commission for subordinate services came to be constituted vide U.P. Act No. 20 of 2014. The Commission thereafter proceeded to advertise the post vide Advertisement No. 1 of 2018. The advertisement of the Commission was challenged by the present petitioner by filing Writ Petition No. 11988 of 2018 which was dismissed vide following orders passed on 17.5.2018:- "By means of the present petition, the petitioner is challenging the advertisement published by respondent no.4, namely, the Secretary, U.P. Subordinate Services Selection Commission, Lucknow dated 13.3.2018 on the ground that the respondent no.3 has not declared the result of examination conducted by the department for 423 posts of Kshetriya Yuya Kalyan Evam Pradeshik Vikash Dal Adhikari, pursuant to the selection made vide advertisement dated 7.9.2001. The prayer made in the writ petition is for issue a writ of mandamus commanding the respondents to permit the petitioner to appear in the physical examination to be held by the U.P. Subordinate Services Selection Commission by granting relaxation in age to the petitioner.

(3.) A special appeal (Def.) No. 384 of 2018 was preferred against the aforesaid judgment which was also dismissed vide following observations made on 4.9.2018:-