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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, RADHAKISHAN AGRAWAL
Khomin Nayak, D/o. Late K.K. Baghel – Appellant
Versus
State of Chhattisgarh, through its Secretary, Food, Civil Supplies – Respondent
| Table of Content |
|---|
| 1. challenge to constitutional validity of rules (Para 1 , 3) |
| 2. arguments on age restriction's constitutionality (Para 4 , 5) |
| 3. promotion incentives and age limits (Para 6 , 12 , 13 , 16) |
| 4. presumption of constitutionality of statutes (Para 8 , 9 , 10) |
| 5. legislation regulation under article 309 (Para 14) |
| 6. writ petition dismissed (Para 18) |
Order :
Sanjay K. Agrawal, J.
1. The petitioner has filed the instant writ petition questioning the constitutional validity of clause 2(iii) of Schedule-IV enacted under Rule 13 of the Chhattisgarh Legal Metrology Class III (Non- Ministerial) Service Recruitment Rules, 2013 (for short, ‘the Rules of 2013’) branding the same as arbitrary, unreasonable and violative of Articles 14 & 16 of the Constitution of India. She has further challenged the memo dated 29-9-2022 (Annexure P-7) by which she has been declared ineligible to participate in the limited competitive examination for appointment to the post of Inspector, Legal Metrology.
2. The aforesaid challenge has been made on the following factual backdrop: -
3. The petitioner was appointed as Assistant Grade-III on 29-1-2008. Thereafter, on 18-3-2013, the Rules of 2013 were notified in
The age limit of 45 years for promotion under the Chhattisgarh Service Recruitment Rules is lawful and does not violate Articles 14 and 16 of the Constitution.
Point of Law : Employer is at liberty to legislate and provide conditions of recruitment and selection, including, age - Court would not substitute discretion of the employer until it is shown that t....
The prescription of qualifications in terms of experience for a particular post is a matter of recruitment policy, and the State as the employer is entitled to prescribe the qualifications as a condi....
Appointments to judicial services of the State should be made only in accordance with the rules made by the Governor under Article 234 of the Constitution after consultation with the State Public Ser....
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
The Jharkhand Rajya Police Appointment Rules, 2014 are valid and do not violate constitutional provisions, affirming the employer's authority to set recruitment criteria.
Validity of notification will have to be tested with reference to constitutional provisions and Business rules and not by their form or substance.
The court upheld the constitutionality of age limits in judicial recruitment rules, affirming that such regulations fall within the policy-making authority of the rule makers.
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