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D. Y. CHANDRACHUD, A. S. BOPANNA
State of Uttar Pradesh – Appellant
Versus
Shanti Devi – Respondent
JUDGMENT
Dr. Dhananjaya Y. Chandrachud, J. - Leave granted.
2. The appeal arises from a judgment dated 13 December 2019 of a Division Bench of the High Court of Judicature at Allahabad (at Lucknow).
3. The issue which falls for determination is whether the Single Judge of the High Court was justified in directing the State to consider the claim of the respondent for the grant of an age relaxation in making appointments to the post of Mukhya Sevika. The Single Judge in a judgment dated 11 April 2018 directed the State to consider the claim of the respondent for age relaxation in terms of the provisions of the Uttar Pradesh Public Services (Relaxation of the Age limits for Recruitment) Rules 1992['Age Relaxation Rules of 1992']. The judgment of the Single Judge was affirmed in a Special Appeal['Special Appeal Defective No 570 of 2019'] preferred by the State of Uttar Pradesh.
4. Recruitment for the post of Mukhya Sevika is specified in The Uttar Pradesh Child Development and Nutrition (Subordinate) Service Rules 1992['UP Service Rules of 1992']. The UP Service Rules of 1992 have been framed under the proviso to Article 309 of the Constitution. The service which is constituted in terms of
The discretionary power of the appointing authority in granting age relaxation and the need for uniform eligibility criteria to avoid arbitrary selections.
The main legal point established in the judgment is that judicial recruitment is governed by specific rules, and age relaxation cannot be sought based on a Government Resolution when the judicial ser....
The court established that age relaxation for government servants in recruitment processes is not permissible unless explicitly provided by statutory rules, and that the 1939 Rules do not apply to re....
The court affirmed that special age limits for specific categories, like Ex-Servicemen, cannot be combined with general relaxations, maintaining the prescribed upper age of 50 years.
The central legal point established in the judgment is that the interpretation and application of the Government Resolutions regarding the maximum age for promotion and the cut-off date for selection....
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