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2022 Supreme(SC) 1818

D. Y. CHANDRACHUD, A. S. BOPANNA
State of Uttar Pradesh – Appellant
Versus
Shanti Devi – Respondent


Advocates Appeared:
Mr. Tanmaya Agarwal, Advocate, Mr. Wrick Chatterjee, Advocate, for the Appellant.

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

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