- (1.) Heard Mr. P.C. Maurya, the petitioner, who has appeared in person, Mr. Upendra Nath Mishra, learned counsel for the respondent nos.1 to 4 and learned Standing Counsel.
(2.) The petitioner has prayed for issuance of a mandamus to the respondents to relax age criterion for 12 reserved backlog vacancies pertaining to the selection year 2009 allowing him to participate in the examination of Uttar Pradesh Higher Judicial Service Exam, 2016.
(3.) The petitioner has submitted that had the vacancies of Higher Judicial Officer occured in 2009 been advertised in time, he would have been eligible to apply against those vacancies but since the respondents had failed to advertise the post timely, by passage of time, the petitioner has crossed the age limit. It has been urged that under order of the Supreme Court passed in the case of Nawal Kishore Mishra & others v. High Court of Judicature at Allahabad & others and Udai Bhanu Mishra & others v. High Court of Judicature at Allahabad & others in Civil Appeal Nos.1956-1957 of 2015, the High Court has advertised the post of reserved category under the backlog quota pertaining the selection year 2009 by carrying forward it. The High Court was under obligation to provide relaxation of age particularly to the candidates, who were eligible to apply in 2009 had it been advertised so.;