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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Nitish Kumar & Ors. – Appellants
Versus
Union of India & Anr. – Respondents
W.P.(C) 2977 of 2023 & CM APPL. 11625 of 2023 & CM APPL. 11626 of 2023
Decided On : 14-03-2023
AGE RELAXATION - Recruitment Drive for Sepoy Pharma in Indian Army - 2016, 2016, 2016, 2016 - The court discussed the non-conduct of recruitment process due to Covid-19, and the relaxation of age limit as a one-time measure based on similar precedents. The court directed the respondents to issue a Corrigendum declaring relaxation of age of 02 years as a 'one time measure' and extending the date of inviting applications for the post in question.
Fact of the Case:
The petitioners sought a writ of mandamus directing the respondents to allow upper age relaxation of three years to enable them to apply for the post of Sepoy Pharma in the Indian Army.
Finding of the Court:
The court found that the recruitment process for the post of Sepoy Pharma in Indian Army had not been conducted for the years 2020, 2021, and 2022 due to the Covid-19 pandemic, leading to the petitioners becoming overaged and ineligible to apply for the post.
Issues: The main issue was the non-conduct of recruitment process for the post of Sepoy Pharma in Indian Army, leading to the petitioners becoming overaged and ineligible to apply for the post.
Ratio Decidendi: The court relied on a similar precedent and directed the respondents to provide age relaxation as a one-time measure and extend the date of inviting applications for the post in question.
Final Decision: The court directed the respondents to issue a Corrigendum declaring relaxation of age of 02 years as a 'one time measure' and extending the date of inviting applications for the post in question.
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 said post for different zones and many of the petitioners had applied for the same. However, thereafter an Addendum for cancellation of the recruitment process under the said advertisement was issued by the respondents. Thereafter, another advertisement dated 14.07.2021 was notified by the respondents, however, vide their notifications dated 26.08.2021 and 07.09.2021, the said recruitment process was postponed and thereafter, nothing was notified in respect of the advertisement dated 14.07.2021.
4. The petitioners claim that after a period of three years, the advertisement dated 16.02.2023 has been notified inviting applications to the post of Sepoy Pharma and the upper age limit prescribed for the said post is 19 to 25 years. The petitioners have averred that arbitrarily no recruitment drive has been conducted by the respondents and by now, petitioners have become over aged and turned ineligible to apply for the post of Sepoy Pharma.
5. Aggrieved against the aforesaid advertisement dated 16.02.2023, some of the petitioners claim to have made queries and representations on the online portal of respondent No.2, but the same have not been acceded to.
6. During the course of hearing, learned counsel appearing on behalf of petitioners has submitted that the respondents have not posted the said vacancies on the National Career Portal despite various guidelines of the Department of Personnel and Training vide O.M. dated 13.06.2016; 23.06.2016; 02.11.2016 and 23.12.2016.
7. Also submitted that recruitment to the post of Sepoy Pharma in Indian Army was not made by the respondent in the years 2020, 2021 and 2022 and had the recruitment process pursuant to advertisement dated 14.07.2021 was undertaken, the petitioners would have participated in the recruitment process.
8. Learned counsel for petitioners further submitted that the respondents have provided two years of age relaxation on account of Covid-19 to the other posts in the Indian Army, such like Junior Commissioned Officer (Religious Teacher) RRT Courses 91 & 92, 2022-23; Army Recruitment Rally for Soldier Technical Nursing Assistant & Nursing Assistant Veterinary 2022-23 and Agniveers in Agnipath Scheme.
9. Hence, on parity, a prayer is made to this Court to provide three years' relaxation in age to the petitioners as One Time Measure for the post of Sepoy Pharma in Indian Army.
10. Notice issued.
11. Ms. Shivalakshmi, learned Central Government Standing Counsel, appearing on behalf of the respondents, accepts notice and submits that due to Covid-19 pandemic the recruitment drive in respect of advertisement dated 14.07.2021 had to be deferred from time to time and for the purpose of recruitment in respect of advertisement dated 16.02.2023, the current age of applicants has to be considere
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