DAYA SHANKAR YADAV AND 28 ORS Vs. STATE OF U P AND 7 ORS
LAWS(ALL)-2014-8-387
HIGH COURT OF ALLAHABAD
Decided on August 29,2014

Daya Shankar Yadav And 28 Ors Appellant
VERSUS
State Of U P And 7 Ors Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties and with their consent, this writ petition is being decided finally, without inviting counter affidavit.
(2.) THE petitioners are aggrieved by Circular/Notification dated 18th July 2014 issued by respondent No. 5, whereunder, it has been provided that maximum age limit for considering a candidate for selection/examination of reserved driver course, shall be 35 years as on 1st July 2014. It is contended that the same should be 40 years and the controversy came up before the Lucknow Bench of this Court in Service Single No. 4238 of 2014, in which following order was passed: - "Petitioners are aggrieved with the Circular dated 18th of July 2014 whereby the officers concerned have been directed to register the eligible persons for selection of Reserve Drivers posts in which the maximum age limit has been fixed as 35 years. Whereas learned Counsel for the petitioners submits that the maximum age prescribed by the State Government is 40 years. He further submits that in 2012 when the Commandant, 30th Battalion P.A.C. District - Gonda proceeded to make selection on constables etc. the prescribed age limits was 40 years. In light of the aforesaid facts I hereby dispose of the writ petition finally with the direction to the opposite party No.2/ Director General of Police, Uttar Pradesh, Lucknow to look into the matter and if the age prescribed in the circular is not in consonance with the maximum age provided under Rules, he shall issue the necessary corrigendum before the last date of submission of the form. With the aforesaid observations the writ petition stands disposed of."
(3.) HE , thus, submits that the present writ petition be also disposed of in the same terms. Learned standing counsel could not dispute that the controversy involved here is identical and, therefore, I am of the opinion that the present writ petition also deserves to be disposed of in same terms.;


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