- (1.) Leave granted.
(2.) The main question to be determined in these matters, which relates to the recruitment to the posts of Civil Judge (Junior Division) under U.P Judicial Service Rules 2001 (for short 'the Rules'), is as to the eligibility of some candidates from the point of view of age. The High Court by the impugned judgment has held only those candidates eligible who were of requisite age as on 1st July, 2003. Is the High Court right in its conclusion or 1st July, 2001 or 1st July, 2002 is the relevant date for determining the age as a condition of eligibility as contended on behalf of those candidates who stand excluded as a result of the impugned judgment The other viewpoint urged is that even 1st July, 2003 held by High Court as a date for determining eligibility of age is wrong and on correct interpretation of the Rules, the relevant date for determining age is 1st July, 2004. The circumstances giving rise to these issues may first be stated.
(3.) The U.P. Public Service Commission (for short 'PSC') was informed by letter of Government of U.P. dated 23rd November, 2002 that it has been decided to make appointment of 347 candidates on the basis of competitive examination for recruitment on the post of Civil Judge (Junior Division) 2002 in U.P. Judicial Service in three phases of 100 + 100 + 147 candidates. The PSC was requested to take prompt action and after completion of selection, send its recommendations to the Government by 31st March, 2003. By another requisition dated 29th July, 2003 the Government informed PSC that the recruitment be conducted in two phases, first for 174 posts and later for 173 posts in second phase for which another requisition will be sent. By this requisition PSC was asked to advertise 174 posts in accordance with the provisions contained in the Rules as amended. The Rules had been earlier amended by the Government in terms of its Notification dated 19th March, 2003 whereby the existing requirement of the requisite age as on '1st day of January' was substituted by '1st day of July'.;