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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Nitish Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. The respondent No.2, Indian Army, has notified an advertisement inviting online applications from male candidates for selection test for Soldier Technical, Nursing Assistant/Nursing Assistant Veterinary and Sepoy Pharma intake for the recruitment year from 16.02.2023 till 15.03.2023 for the domicile of districts of Delhi State, Faridabad, Gurugram, Mewat (NUH) and Palwal District of Haryana State.
2. The petitioners before this Court are aspirants for recruitment to the post of Sepoy Pharma in different zones and claim to have the requisite qualification for the said post, however, are overaged to apply for this recruitment drive. The present petition has been preferred seeking a writ of mandamus directing the respondents to allow upper age relaxation of three years to the petitioners in all the categories to enable them to apply to the post of Sepoy Pharma in the advertisement in question for different zones.
3. According to petitioners, the last drive to fill up the post of Sepoy Pharma was undertaken by the respondents in the year 2019 and appointments were made. Thereafter, an advertisement was notified on 01.02.2021 for the year 2020-21 for recruitment to
The main legal point established in the judgment is the court's authority to provide age relaxation as a one-time measure in exceptional circumstances such as the non-conduct of recruitment process d....
One-time relaxation of age limit for recruitment is justified in light of extraordinary circumstances caused by COVID-19, reaffirming judicial intervention to ensure fairness.
The main legal point established in the judgment is the court's authority to grant a one-time measure of age relaxation in the upper age limit for aspirants for recruitment, considering the delay in ....
The main legal point established in the judgment is that the entitlement to age relaxation for appearing in recruitment examinations is subject to specific provisions and factual considerations, and ....
The court affirmed that exceptional circumstances may necessitate a one-time relaxation of recruitment age limits to ensure fairness, particularly due to delays caused by the pandemic.
The main legal point established in the judgment is that the absence of an annual recruitment process and the specific fitness requirements for the post of Constable (driver) in extreme areas influen....
The main legal point established in the judgment is that the State's decision in fixing the cut-off date for maximum age in accordance with the rules and the date of advertisement cannot be interfere....
The main legal point established in the judgment is that petitioners cannot claim age relaxation based on alleged promises or inaction of the Government, and the court emphasized that the action of t....
The Government has power to grant relaxation in upper age limit on its own motion or upon getting intimation from any genuine or bona fide source can grant such relaxation subject to the condition th....
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