Dr. Mohan Singh Deopa vs State Of Uttarakhand & Other

Ramesh Ranganathan, C.J.

The petitioner is, admittedly, overaged for being considered for appointment to the post of Assistant Professor (Microbiology). As against the maximum age limit prescribed in the advertisement of 45 years, the petitioner is aged 51 years. His case is that he has been working at the Susheela Tiwari Government Medical College ever since 2007 and, if his service in the said Government hospital is reckoned and the period during which he was employed is deleted while computing the maximum age limit, he would then be within the prescribed age limit.

Sri Vinay Kumar, learned counsel for the petitioner would submit that Rule 29 of the Uttarakhand Medical Education Service Rules, 2014 confers power on the Government to relax the rigor of the Rules; and in the peculiar facts and circumstances of the petitioner's case, the Government should relax the upper age limit. The petitioner claims to have submitted a representation in this regard to the Secretary, Medical Education on 12.10.2018. A copy of the representation is also enclosed along with the writ petition.

While a mandamus is sought to direct the officials to relax the Rules, it would wholly be inappropriate for us, in judicial review proceedings under Article 226 of the Constitution of India, to do so. Since power is conferred on the Government to relax the Rules and the petitioner has approached the Government officials concerned, requesting them to relax the Rules, suffice it to dispose of the writ petition directing respondent no. 1 to consider the petitioner's representation dated 12.10.2018, and pass order thereupon in accordance with law, at the earliest; and in any event, not later than two weeks from the date of receipt of a copy of this order.

Let a copy of this order be furnished within two days.