SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner prays for a writ of certiorari, mandamus or any other writ, order or direction declaring Clause No.3(iii) of the Punjab State Civil Services Combined Competitive Examination, 2012 and proviso to Rule 5(1) of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 to be arbitrary, discriminatory and hit by Article 14 of the Constitution of India and also for directing the respondents to allow the petitioner to appear and compete in the Punjab State Civil Services Combined Competitive Examination-2012.

(2.) Clause-3 of the Punjab State Civil Services Combined Competitive Examination, 2012, which was part of the Advertisement No.7 dated 14.9.2012 issued by the respondents inviting applications for filling up of 60 posts reads as under:-

(3.) It is clear from the above that the age limit of the candidate is 21 to 37 years. However, if the candidate is employee of Punjab Government/other State Government/Central Government, then the upper age limit is 47 years. Similar provision for this age relaxation is also contained in the Punjab Civil Services (General and common Conditions of Service) Rules, 1994. Rule 5, thereof fixes the upper age limit of 37 years. However, second proviso thereto provides that the upper age limit may be relaxed up to 45 years in the case of persons already in employment of Punjab Government, other State Government or the Government of India. This Rule-5 of 1994 Rules reads as under:-