- (1.) THE petitioner submitted an application for appointment by direct recruitment to the Uttar Pradesh Higher Judicial Service -2014 pursuant to the advertisement issued by the High Court. The petitioner is aggrieved as his name is contained in the list of ineligible candidates published on 14 July 2014 for the reason that he is overage.
(2.) CLAUSES 3(d) and (e) of the advertisement, which deal with age limit, are as follows: - "d) AGE LIMIT AS ON : A candidate for direct recruitment must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January 2015; in other words, he must have been born on or after 02.01.1970 and not later than 01.01.1980. e) The age limit shown is the normal age limit and the age is relaxable for SC/ST and OBC candidates belonging to State of U.P. only up to 3 years in respect of vacancies reserved for them. SC/ST/OBC Candidates have to produce a Caste Certificate and Domicile Certificate of U.P."
(3.) IT is stated that the date of birth of the petitioner is 30 July 1968. The date of birth of the petitioner is admittedly before 2 January 1970. The petitioner claims to be belonging to the Scheduled Caste. The application was required to be submitted on -line and copy of the on -line application form has been enclosed. It is submitted that as the petitioner belongs to the Scheduled Caste, he is eligible in terms of the relaxation contained in Clause 3(e). In the writ petition, the petitioner has enclosed copy of the print out of the online application form submitted by him which indicates that against the Column to mean indicate "whether applicant seeks benefit of Reserved Category" the petitioner had indicated 'Yes'.;