Nawazish vs State Of Uttarakhand & Others

Alok Kumar Verma, J

This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of mandamus commanding and directing the respondent nos. 1 and 2 to grant relaxation to the petitioner in the upper age limit criteria up to three additional years than the maximum prescribed in the impugned advertisement dated 03.08.2021 and later bulletin 43 years issued by the respondent no.2 for the Assistant Prosecution Officer Examination, 2021; a writ of mandamus commanding and directing the respondent no.2 to extend the last date for submitting the online form for Assistant Prosecution Officer Examination, 2021 and a writ of mandamus commanding and directing the respondent no.2 after accepting her online form to permit the petitioner to participate in the Assistant Prosecution Officer Examimation, 2021.

Heard learned counsel for the parties and perused the record.

Mr. Nagesh Aggarwal, the learned counsel for the petitioner, submitted that the petitioner has completed her law graduation LL.B. in the year, 2002. Her date of birth is 12.05.1978. She is a permanent resident of the State of Uttarakhand. Since the year, 2016, examination of Assistant Prosecution Officer has not been conducted. Now, the respondents have invited applications for the post of Assistant Prosecution Officers by the advertisement dated 03.08.2021 for 63 posts. According to the advertisement, the criteria for the post of General Category candidates are minimum 21 years and maximum 42 years as on 01.07.2021. The last date for submitting the online form has been extended by the respondents till 17.09.2021 in place of 23.08.2021 and maximum age relaxation has also been extended by one year i.e. 43 years in place of 42 years. The petitioner has crossed the upper age limit. The petitioner is deprived from appearing in the said examination due to not granting relaxation for the years when posts were not advertised.

During the arguments, Mr. Nagesh Aggarwal, the learned counsel for the petitioner, has requested three days' time to file a representation before the Secretary, Department of Personnel of State of Uttarakhand, the respondent no.1, to extend the upper age limit minimum of three years and permit the petitioner to apply for the said post.

Mr. Vikas Pandey, the learned Standing Counsel of the State and Mr. N.S. Pundir, the learned counsel for the Uttarakhand Public Service Commission, Haridwar, the respondent no.2, have no objections.

Accordingly, the writ petition is disposed of with a direction to the Secretary, Department of Personnel of the State of Uttarakhand, the respondent no.1, to decide the representation of the petitioner within a period of ten days' from the date of receipt of the representation of the petitioner.