- (1.) HEARD Shri B.N. Singh, learned counsel for the petitioner and Shri Manish Goyal, learned counsel appearing for the respondents no.2, 3 and 4.
(2.) BY means of this writ petition, the petitioner is seeking age relaxation being ex -serviceman for the purposes of selection to the U.P. Higher Judicial Service.
(3.) THE contention of the petitioner is that as per rule 12 of the U.P. Higher Judicial Service Rules, 1975 upper age limit is 45 years as on 1st January next to the following year in which the notice inviting application is published (in this case 1.1.2006). As per the proviso to the said rule the upper age limit shall be higher in case of candidates belonging to SC, ST and such other category as may be notified by the Government from time to time. The contention is that the notification of the State Government regarding age relaxatoin is not only in respect of SC/ST category but also with regard to OBC and ex -army men, therefore, the petitioner is entitled to age relaxation but the respondents have not extended the said benefit. In this regard learned counsel for the petitioner has placed reliance upon a Full Bench judgment of this Court dated 9.12.1997 passed in the case of Hari Shankar Upadhyay vs. Public Service Commission, U.P., Allahabad. Learned counsel for the petitioner has place reliance upon paragraphs 3 and 4 of the said judgment. Learned counsel for the petitioner submits that the petitioner was allowed age relaxation when he appeared in the same examination earlier in the year 2012 though he was overage even for the said examination. No reasons have been assigned while rejecting the candidature of the petitioner for the examination of 2014. He submits that the use of words "such other category" in rule 12 read with the requisite government notification entitles the petitioner to the aforesaid benefit. Shri Manish Goyal, learned counsel appearing for respondents 2 to 4, on the other hand, submits that no such notification of the State Government as referred by the learned counsel for the petitioner, has been annexed with the writ petition. He further invited the attention of the Court to rule 7 of the aforesaid Rules of 1975 to show that reservation for members of scheduled castes and scheduled tribes and other categories, including women, is to be in accordance with the orders of the government for reservation "as adopted by the High Court". The submission is that as the High Court has not adopted any government order or notification granting age relaxation/reservation to the ex -army men for the purposes of recruitment under the aforesaid Rules of 1975, therefore, no such age relaxation is admissible to the petitioner. He submits that no such notification as mentioned in the proviso to rule 12 has been adopted by the High Court. Shri Goyal has also relied upon a resolution of selection and appointment committee of the High Court wherein, after considering all aspects of the matter it has been decided that provision with regard to reservation to the ex -servicemen has never been considered in U.P. Higher Judicial Service. Therefore, no column for age relaxation for ex -servicemen was made in the application form.;