- (1.) ANOOP Kumar Pandey, petitioner is before this Court with following relief: "(a) a writ, order or direction in the nature of certiorari quashing the Govt. Order dated 31.10.2013 issued by the State Government (Annexure No. 4) (b) a writ, order or direction in the nature of certiorari quashing the stipulation contained in clause 12 of Advertisement No. 1 -2/E -1/2015 dated 29.04.2015 in so far as it excludes relaxation in upper age limit for Dependant of Freedom Fighter candidates (Annexure no. 1). (c) a writ, order or direction of a suitable nature commanding the respondents to accord consideration to the petitioner for the post of Assistant Prosecuting Officer in pursuance to the aforesaid advertisement dated 29.04.2015 under the category of Dependant of Freedom Fighter treating the petitioner as within the permissible age limit."
(2.) BRIEF facts giving rise to instant writ petition is that the U.P. Public Service Commission has issued an Advertisement No. 1 -2/E -1/2015 dated 29.04.2015 notifying the Assistant Prosecution Officer Examination -2015. By means of the aforesaid advertisement the applications have been invited for filling up 372 posts of Assistant Prosecution Officer which includes 7 posts reserved for Dependant of Freedom Fighter Category. In the said advertisement last date for submission of examination fees was 25.05.2015 and the last date for submission of application forms is 29.05.2015. Petitioner submits that Clause 12 of the said advertisement specifies the age limit of candidates for consideration as follows: "Age Limit : - (i) Candidates must have been attained the age of 21 years and must not have crossed the age of 40 years on July 1, 2015 i.e. they must have not been born earlier than 02.07.1975 and not later than July 1, 1994. For POH candidates, the maximum age limit is 55 years i.e. they must not have been born before 2nd July, 1960. (ii) Relaxation in upper are limit : (a) Upper age limit shall be greater by 5 years for candidates belonging to Scheduled Caste of U.P. scheduled Tribes of U.P., Other Backward Classes of U.P. Skilled players of classified games and State Govt. employees of U.P. i.e. they must not have been born before 2nd July, 1970 (only domiciled persons in Uttar Pradesh are entitled for such age relaxation). (b) Upper age limit shall be greater by 15 years for Physically Handicapped persons of U.P., if identified posts are available. (C) Upper age limit shall also be greater by 5 years for the Emergency Commissioned Officers/Short Service Commissioned Officers/Ex -Army Personnel of U.p. who have rendered at least 5 years service in Army, but there shall be no reservation. No relaxation is admissible in upper age limit for dependants of Freedom Fighter candidates.
(3.) PETITIONER claims that he is otherwise eligible to be considered for the post of Assistant Prosecution Officer and his date of birth is 20.07.1973 but on account of stipulation in the advertisement that no relaxation is admissible in upper age limit for Dependant of Freedom Fighter category candidates, petitioner's candidature stand excluded from the zone of consideration in pursuance of aforesaid advertisement accordingly, this Court should come to the rescue and reprieve of the petitioner by asking the respondents to accord age relaxation so that petitioner can also undertake the examination for the post of Assistant Prosecution Officer in pursuance to the aforesaid advertisement. With this objective in mind petitioner is before this Court. On 19.05.2015, this Court asked the learned Standing counsel as well as learned counsel representing U.P. Public Service Commission to seek instructions and thereafter requisite instructions in question has been received and thereafter matter has been taken up for final hearing and disposal.;