RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these petitions were heard and are being decided together as common questions of facts and law are involved. Reference to respondents hereafter has been made in relation to the memorandum of parties in CWP No. 7125 of 2021.

(2.) Petitioners have prayed for declaring Clause-6 of the Himachal Pradesh Prosecution Department, Assistant District Attorney, Class-I (Gazetted), Recruitment and Promotion Rules, 2017 (for short "2017 Rules") as ultra vires the Constitution of India. In alternative, a prayer has been made to issue direction to the respondents to relax 2017 Rules for the petitioners in so far as the prescription of maximum age therein is concerned. Clause-6 of 2017 Rules provides for age limit for recruitment to the post of Assistant District Attorneys (for short "ADA") in the Prosecution Department as " 35 years and below"

(3.) Petitioners are Law Graduate and practicing Advocates. They are aspirants to be appointed as ADAs in the Prosecution Department of the State. In 2021, respondent No. 3 issued an advertisement No. 59/11- 2021 inviting applications from desirous and eligible candidates for recruitment to 25 posts of ADAs, Class-I (Gazetted) (on contract basis). Candidates between 18 years to 35 years were eligible to apply and such age was to be reckoned as on 1/1/2021. All the petitioners had crossed the age of 35 years as on 1/1/2021 and hence were ineligible.