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SANJEEV SACHDEVA, MANOJ JAIN
Mukesh Kumar – Appellant
Versus
Indo Tibetan Border Police Force – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioners seek a direction to the respondents to allow relaxation of upper age limit and seek grant of minimum three years age relaxation to all categories for being eligible to appear in examination/selection process for recruitment to the post of Constable (driver) in Indo-Tibetan Border Force issued vide advertisement dated 26.06.2023 and further seek a direction to the respondents to fix a cut- off-date of upper age limit as per vacancy year of 2019, 2020, 2021 & 2022.
2. Learned counsel for the petitioners submits that respondents have issued an advertisement on 26.06.2023 inviting online applications for the post of Constable (driver). Learned counsel submits that no selection process was undertaken on account of pandemic between the period 2019 till subject advertisement and as such the petitioners who have become overage, as per the advertisement, have been deprived of an opportunity to participate in the selection process.
3. Learned counsel for petitioners submits that relaxation of age of minimum three years is liable to be granted to all categories so that an equal opportunity of participation is granted to them. Learned couns
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 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.
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 that the entitlement to age relaxation for appearing in recruitment examinations is subject to specific provisions and factual considerations, and ....
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 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....
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....
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....
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