AMIT CHILLAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of C.W.P. Nos. 4717 of 2008, 4727 of 2008, 4866 of 2008 and 14403 of 2008 as common questions of facts and law have been raised.

(2.) The basic issue raised in all these petitions is whether the requirement of date of birth of a candidate for the post of Sub-Inspector of Police as per advertisement dated 7.9.2007 (Annexure P-6) as also Rule 12.6 (2) (c) of the Punjab Police Rules 1934 (as applicable to Haryana) (for brevity 'the Rules') is violative of Articles 14 and 16 of the Constitution. An ancillary question has also been raised as to whether the birth certificate issued by the Registrar, Birth and Death would prevail for the purpose of date of birth over the matriculation certificate showing different date of birth.

(3.) For the sake of convenience, facts are being referred from CWP No. 4717 of 2008 titled as Amit Chillar v. State of Haryana and another. For filing up the post of Sub-Inspector, respondent No. 2 Haryana Staff Selection Commission (for brevity 'HSSC') issued an advertisement on 7.9.2007 inviting applications for the various posts including 100 posts of Sub-Inspector of Police (male category). The closing date for the receipt of application was 8.10.2007. The educational qualification for appointment as Sub Inspector as stipulated in the advertisement were :