NIKHIL AHUJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has approached this court seeking quashing of Clause 3 in advertisement No. 9 dated 6.12.2013 fixing the upper age limit of 28 years for candidates seeking appointment as Deputy Superintendent of Police. Learned counsel for the petitioner submitted that fixation of upper age limit of 28 years for appointment as Deputy Superintendent of Police is arbitrary as for other posts in the same advertisement, the maximum age has been mentioned as 38 years, hence, the same is arbitrary. He further submitted that in Punjab Police Rules, 1934, the upper age limit prescribed for the post of Deputy Superintendent of Police is 25 years. The maximum age prescribed by Union Public Service Commission for Indian Police Service is 30 years. Initially, during the period of training, IPS officers are also posted on the same post. In fact, the age of 28 years has been picked out from a hat. Punjab Police Service Rules, 1959, from where the aforesaid age has been taken, will not be applicable in the present case for the reason that there were already existing Punjab Police Rules, 1934, which clearly provided for the maximum age as 25 years.

(2.) AFTER hearing learned counsel for the petitioner, I do not find any merit in the submissions made. As is pleaded by the petitioner, his date of birth is 11.10.1984, meaning thereby the petitioner is more than 29 years of age. Even if the candidature of the petitioner is considered either in the light of the provisions of Punjab Police Rules, 1934 or Punjab Police Service Rules, 1959, he is not eligible as the maximum age in the aforesaid Rules is 25 years and 28 years, respectively. The fixation of minimum and maximum age for entry into service under the statutory rules cannot be subject to judicial scrutiny. Reliance on the age fixed by Union Public Service Commission for Indian Police Service also has no relevance. Similar is the position with regard to the maximum age fixed for entry into other services. Punjab Police Service Rules, 1959 providing for maximum age for recruitment as 28 years have been specifically framed for the purpose of recruitment to the post of Deputy Superintendent of Police. These are later in time if compared vis -à -vis Punjab Police Rules, 1934. Appendix 12.1 of Punjab Police Rules, 1934, prescribing the maximum age as 25 years for recruitment as Deputy Superintendent of Police, which has been referred to by learned counsel for the petitioner, has certain provisions which have, in fact, outlived their life, such as a degree of Graduation from University of Punjab or Delhi or Aligarh Muslim University only and knowledge of Urdu and Persian. No illegality has been committed by the authorities in fixing the maximum age as 28 years for recruitment to the post of Deputy Superintendent of Police in terms of Punjab Police Service Rules, 1959. For the reasons mentioned above, the present petition is dismissed.