- (1.) This order shall dispose of C.W.P. Nos. 4717 of 2008, 4727 of 2008, 4866 of 2008 and 14403 of 2008 as common questions of facts and law have been raised.
(2.) The basic issue raised in all these petitions is whether the requirement of date of birth of a candidate for the post of Sub-Inspector of Police as per advertisement dated 7.9.2007 (Annexure P-6) as also Rule 12.6 (2) (c) of the Punjab Police Rules 1934 (as applicable to Haryana) (for brevity 'the Rules') is violative of Articles 14 and 16 of the Constitution. An ancillary question has also been raised as to whether the birth certificate issued by the Registrar, Birth and Death would prevail for the purpose of date of birth over the matriculation certificate showing different date of birth.
(3.) For the sake of convenience, facts are being referred from CWP No. 4717 of 2008 titled as Amit Chillar v. State of Haryana and another. For filing up the post of Sub-Inspector, respondent No. 2 Haryana Staff Selection Commission (for brevity 'HSSC') issued an advertisement on 7.9.2007 inviting applications for the various posts including 100 posts of Sub-Inspector of Police (male category). The closing date for the receipt of application was 8.10.2007. The educational qualification for appointment as Sub Inspector as stipulated in the advertisement were : a) Graduate from recognized University, b) Knowledge of Hindi/Sanskrit upto to Matric standard and c) Physical standard : (i) Height 5-8" There were a number of other conditions laid down but the relevant condition regarding age reads thus : AGE : Not below 21 years and not over 27 years as on 1st day of February 2007. In the case of SC/ST, BC and ESM candidates, the upper age limit is relaxable as per Govt. instructions issued from time to time. However, for ESM candidates there should not be a gap of more than 2 years between the date of discharge from Army and joining the service in Police Department. The afore-mentioned condition has been incorporated in the advertisement on the basis of Rule 12.6 (2) (c) of the Rules. The petitioner applied to H.S.S.C. before the last date for receipt of application. He was called for written test, which was held on 24.2.2008. The result of the written test was declared in the newspaper on 28.2.2008 and name of the petitioner figured amongst qualified candidates (Annexure P-3). The result was provisional subject to determination of eligibility of all the candidates. On 12.3.2008, H.S.S.C.-respondent No. 2 issued a letter to the petitioner declaring him ineligible on the ground that his age as on 1.1.2007 was less than 21 years as per the conditions of the advertisement. The petitioner was asked to contact the H.S.S.C. personally within three days to defend his eligibility as on 1.2.2007 (Annexure P-4). The petitioner appeared before H.S.S.C. and submitted his representation producing Birth Certificate issued by the Additional Registrar, Birth and Death, Jhajjar, which was duly received. It was claimed that the date of birth of the petitioner as declared in the certificate issued by the Registrar is conclusive proof and the same is to prevail (Annexure P- 5). However, the petitioner was not sent any call letter for physical test, which was to be held on 24.3.2008 and 25.3.2008.;