Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1647

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manmeet Pritam Singh Arora, JJ.
Santram Patel & Ors. – Appellants
Versus
Central Reserve Police Force & Anr. – Respondents
W.P.(C) 4185 of 2023, W.P.(C) 4186 of 2023, W.P.(C) 4187 of 2023, W.P.(C) 4199 of 2023 and W.P.(C) 4228 of 2023
Decided On : 06-04-2023

Advocates appeared:
Mr. Ajay Garg, Ms. Tripti Gola, Ms. Lhingdeihat Chongloi & Mr. Arvind Sardana, Advocates, for the Petitioner.
Mr. Ripu Daman Bhardwaj, Central Government Standing Counsel Ms. Ritu Reniwal, Senior Panel Counsel with Mr. Nishant Prateek, Government Pleader, for the Respondent.
Mr. G.D. Sharma, Senior Panel Counsel with Ms.Rachna Sharma, Advocate & Mr. Deepak Tanwar, Government Pleader, for the Respondent.
Mr. Sameer Sharma, Advocate with Mr.Rishabh Sahu. Government Pleader, for the Respondent.
Mr. Abhay Singh & Mr. Anshul Bhardwaj, Advocates with Mr. Kabir Hazarika, Government Pleader Mr. Bhagwan Swarup Shukla, CGSC & Mr. Vikrant, Advocate with Mr. Saran Kumar, Government Pleader, for the Respondent.

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 conducting recruitment examinations due to exceptional circumstances such as the Covid-19 pandemic.

Headnote:
Mandamus - Relaxation of Upper Age Limit - Writ Petitions - CRPF-2023 - [Mandamus] - [Relaxation of Upper Age Limit] - [Sachin & Ors. Vs. Central Reserve Police Force, Nitish Kumar and Others Vs. Union of India and Another, High Court of Delhi Vs. Devina Sharma] - The court allowed the petitions seeking a writ of mandamus to relax the upper age limit for aspirants for recruitment to the post of Constable (Technical & Tradesmen) in CRPF-2023. The court relied on previous decisions and the judgment of the High Court of Delhi Vs. Devina Sharma to grant a one-time measure of age relaxation, considering the delay in conducting recruitment examinations due to the Covid-19 pandemic.
Fact of the Case:

The petitioners sought a writ of mandamus to direct the respondents to relax the upper age limit for appearing in the examination for recruitment to the post of Constable (Technical & Tradesmen) in CRPF-2023.
Finding of the Court:

The court found that the petitioners were unable to apply for the posts due to exceeding the upper age limit, and that no notification or advertisement to fill the vacancies in CRPF had been published since 2018. The court allowed the petitions on the basis of previous decisions and granted a one-time measure of age relaxation.
Issues: The issues involved the relaxation of the upper age limit for aspirants for recruitment to the post of Constable (Technical & Tradesmen) in CRPF-2023, and the delay in conducting recruitment examinations due to the Covid-19 pandemic.
Ratio Decidendi: The court relied on previous decisions and the judgment of the High Court of Delhi Vs. Devina Sharma to grant a one-time measure of age relaxation, considering the delay in conducting recruitment examinations due to the Covid-19 pandemic.
Final Decision: The court allowed the petitions, granted a one-time measure of age relaxation, and directed the respondents to issue a Corrigendum declaring the relaxation of age and extending the date of inviting applications.

JUDGMENT (Oral)

CM No. 16216/2023 in W.P.(C) 4185/2023

CM No. 16218/2023 in W.P.(C) 4186/2023

CM No. 16220/2023 in W.P.(C) 4187/2023

CM No. 16234/2023 in W.P.(C) 4199/2023

CM No. 16432/2023 in W.P.(C) 4228/2023

1. Allowed subject to all just exceptions.

2. Application is disposed of.

W.P.(C) 4185/2023 & CM APPL.16215/2023

W.P.(C) 4186/2023 & CM No. 16217/2023

W.P.(C) 4187/2023 & CM No. 16219/2023

W.P.(C) 4199/2023 & CM No. 16233/2023

W.P.(C) 4228/2023 & CM No. 16431/2023

3. These petitions have has been preferred by the petitioners seeking a writ of mandamus by way of direction to the respondents to relax the upper age limit in case of petitioners for appearing in the examination for recruitment to the post of Constable (Technical & Tradesmen) (Male/Female) including Constable (Driver) in CRPF-2023, in Central Reserve Police Force (CRPF) issued vide advertisement dated 15.03.2023.

4. Learned counsel appearing on behalf of petitioners submits that petitioners are aspirants for recruitment to the post of Constable (Technical and Tradesmen) and they possess the requisite educational and technical qualifications, however, they are unable to apply for these posts for the CRPF examination-2023 as they are over-aged.

5. Learned counsel further submits that the petitioners belong to all categories i.e. General category (Unreserved category), reserved SC/ST category, OBC category and EWS category etc. The prescribed maximum upper age for these posts as per the advertisement issued on 15.03.2023 is 23/27 years for General; 28/32 years for SC/ST and 26/30 years for OBC by 01.08.2023 but the petitioners have crossed the upper age as applicable on 01.08.2023 and, therefore, they are not eligible to apply and appear in the said examination.

6. Learned counsel for petitioners has drawn attention of this Court to the fact that no examination for recruitment to the post of Constable (Technical & Tradesmen) (Male/Female) in CRPF has been conducted in the years 2018, 2019, 2020, 2021 and 2022, although, there were about 8000-9000 vacancies. It is submitted that this Court in W.P.(C) No. 90/2033 titled as Sachin & Ors. Vs. Central Reserve Police Force vide decision dated 20.01.2023 has granted three years age relaxation for recruitment to the post of HC (Min) in CRPF. Attention of this Court is also drawn to another decision of this Court in Nitish Kumar and Others Vs. Union of India and Another, 2023 SCC OnLine Del 1542, wherein two years age relaxation for recruitment to the post of Sepoy Pharma in Indian Army has been granted by this Court. Lastly, learned counsel has prayed that relaxation of three/four years as One Time Measure in the upper age limit be granted to the petitioners.

7. Notice issued.

8. Learned counsel appearing on behalf of respondents accept notice in their respective petitions. The stand of respondents for delay in non-advertising the vacancies in the years 2018, 2019, 2020, 2021 and 2022 is due to spread of Covid-19 Pandemic.

9. Upon hearing learned counsel for the parties and on perusal of material placed before this Court as well as decisions cited, we find that petitioners are aspirants to apply for different posts in CRPF and since no notification or advertisement to fill the vacancies accrued in CRPF since the years 2018 till 2022 has been published, they have not been able to apply and get their placements in CRPF. This Court in Sachin (Supra) and Nitish Kumar (Supra) in somewhat similar facts and circumstances has relaxed the upper age limit for the aspirants while relying upon decision of Hon'ble Supreme Court in Civil Appeal No. 2016 of 2022 (Arising out of SLP (C) No. 4452 of 2022) titled as High Court of Delhi Vs. Devina Sharma, wherein petitioner had sought relaxation in upper age limit for appearing in Delhi Judicial Service Examination and Delhi Higher Judicial Service Examination-2022, on the plea that if High Court of Delhi had conducted examination in the year 2020 and 2021, such candidates would have been