Rajnish Kumar, J. - (1.) Notice on behalf of opposite parties no.1 to 4 has been accepted by Shri U.N.Mishra, Advocate, whereas for opposite party no.5 by learned Chief Standing Counsel.
(2.) Heard Sri P.C. Maurya, petitioner-in-person and Sri Neel Kumar Mishra, Advocate holding brief of Sri U.N.Mishra,learned counsel for the opposite parties no.1 to 4.
(3.) Submission of the petitioner-in-person is that the respondents had issued an advertisement for selection against 37 vacancies and 11 unfilled vacancies of reserved category of the Recruitment Year 2009 (SC-07,ST-01,OBC-03) in pursuance of the direction of the Hon'ble Supreme Court in Civil Appeal Nos. 1956-1957 of 2015"Nawal Kishore Mishra & Others versus High court of Judicature at Allahabad through its Registrar General & Others Etc". The petitioner had applied against the said advertisement under the OBC category against the 11 reserved unfilled vacancies of the year 2009. As per the advertisement, the age for applying for the post in question is between 35 years to 45 years, as on 01.01.2019 and age limit shall be higher by three years in case of SC/ST/OBC candidates belonging to the state of U.P. only. The petitioner being OBC candidate belonging to State of U.P. is entitled for consideration of his candidature granting him relaxation in age against the vacancies of recruitment Year 2009 because if the said vacancies would have been advertised in the year 2009, he was eligible. Therefore the petitioner had preferred a representation for relaxation in age limit and reallocation of seats of reserved category, in view of the judgment of the Hon'ble Supreme Court. Thereafter admit card was issued to the petitioner and he was allowed to appear in the Preliminary Examination. The petitioner has qualified the Preliminary Examination and has secured the minimum qualifying marks in the Preliminary Examination but the candidature of the petitioner has been rejected on the ground that the petitioner is overage, without considering and passing any order on the representation of the petitioner. He further submitted that once the respondents have allowed the petitioner to appear in the preliminary examination, they cannot reject the candidature of the petitioner being overage.;