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 influenced the court's decision not to grant relaxation of the age limit due to the pandemic.

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 counsel submits that in other appointments, such relaxation of three years has been granted to the candidates on the ground of the pandemic of Covid-19.

4. Learned counsel further relies on decision of Supreme Court in High Court of Delhi Vs. Devina Sharma, (2022) 4 SCC 643 as also the decision of the Co-ordinate Bench of this Court dated 28.01.2023 in W.P. (C) 19/2022 titled Sachin & Others Vs. Central Reserve Police Force wherein age relaxation of three years has been granted as a one- time measure.

5. Per contra, learned counsel for the respondents submits that respondents are seeking to appoint drivers and the Units of the respondents are mostly posted on high altitude areas, fitness of a much higher level is required from the drivers. He further submits that the age limit prescribed for the subject advertisement is 21 to 27 for the general category. He submits that in terms of various OMs of the Government and different statutory provisions, relaxation in age has been given to prescribed categories of individual belonging to SCT/ST & OBC, Ex-servicemen and Government Servants.

6. Learned counsel, under instructions, further submits that examination for recruitment of driver is not conducted on an annual basis but it is normally conducted after 3-4 years, depending on availability of sufficient number of vacancies as well as the number of vehicles in the respective Units.

7. He submits that intake of young drivers is necessary as the drivers have to serve in very harsh extreme climate of high altitude areas like Leh-Ladakh, Jammu & Kashmir, Uttarakhand, Sikkim, Arunachal Pradesh and Left Wing Extremism areas etc. and enhancing the upper age by three years in the rank of Constable (driver) is likely to affect the morale, physical alertness, fitness of the individual and would not be in the interest of the organization.

8. No doubt the pandemic was an issue which affected several recruitment processes and some organizations have taken a view of granting extension as a `one-time measure' for the purposes of recruitment. However, there is no decision of the Government making an across the board extension applicable to all recruitment processes.

9. In the instant case, respondents are seeking to appoint Constable (driver) in the respondent force i.e. Indo-Tibetan Border Force. Most of the Units of the said force are stationed for a substantial period of time in high altitude and extreme area where fitness level is prime consideration for all individual posted there.

10. An inter-office note dated 13.07.2023 of the Recruitment Branch of the respondents has been produced and same is taken on record. DIG (Recruitment) has explained the circumstances in which the recruitment process could not take place between 2019 to 2022.

11. It is open to the rec