PRIYANKA SHROFF Vs. STATE OF M. P.

JUDGEMENT

(1.) The singular question involved in this present writ appeal is whether the learned Single Judge was justified in dismissing the WP No.3609/2021 by holding that even if recruitment rules do not provide any cut off date for determining the maximum age of candidate for the post of Member/Chairman of Juvenile Justice Boards, the employer was well within its right to prescribe the cut off date i.e. 01.01.2020 in the advertisement dated 30.07.2020. The said cut off date is not arbitrary or discriminatory in nature. Indeed, it is uniformly applicable for all aspiring candidates.

(2.) The order of learned Single Judge is assailed by learned Senior counsel for the petitioner on the singular ground that if rules are silent regarding cut off date to determine the maximum age of candidates, in view of the judgment passed in Rakesh Kumar Sharam Vs. State (NCT of Delhi) and others , 2013 11 SCC 58, Public Service Commission Vs. Arvind Singh Chauhan and others , 2009 9 SCC 135, Malik Mazhar Sultan and Another Vs. UP Public Service Commission and Others , 2006 9 SCC 507, Ashok Kumar Sonkar Vs. Union of India and Others , 2007 4 SCC 54 and Ashish Singh Vs. State of MP and Others, 2011 2 MPLJ , the last date for filling the application must be considered as cut off date. Hence, the impugned order needs to be set aside.

(3.) Sounding the contra note, Shri Vivek Dalal, learned AAG supported the impugned order and placed reliance in the judgment of Hon'ble Supreme Court in the case of Jasbir Rani Vs. State of Punjab , 2002 1 SCC 124.