Eligibility criteria for recruitment posts cannot be altered for age relaxation without governmental approval, especially for Group-B posts, which necessitate UPSC's concurrence.

ORDER :

K. KUMARESH BABU, J.

These present writ petitions have been filed challenging the common order dated 21.04.2023 passed by the Tribunal in ten Original Applications, whereby age relaxation was granted to the applicants on account of the COVID-19 pandemic period for the post of Sub Inspector.

2) A recruitment notification bearing No.1-2/A2/Estt-1(A)/POL/2022 dated 08.11.2022 was issued for appointment to the post of Sub-Inspector of Police. Pursuant to the said notification, the Original Applications were filed before the Tribunal seeking age relaxation for the COVID-19 pandemic lock down period, by both candidates who applied under open competition and in-service contending that no recruitment had been conducted for the post of Sub-Inspector for the past 12 years, thereby depriving them of the opportunity to apply within the prescribed age limit. The in-service candidate has further sought for applying the age relaxation on communal basis. The Tribunal, at the initial stage, passed an interim order provisionally permitting the petitioners to participate in the recruitment process and further directed the authorities to withhold the declaration of results and await the outcome of the Original Applications. Upon final adjudication, the Tribunal allowed the Original Applications and granted age relaxation the ground that similarly situated persons belonging to the same class had already been granted age relaxation for the COVID-19 pandemic period and also extended age concession for in-service candidates on communal basis. Portion of the order benefiting the in-service candidate was implemented by issuance of notification dated 12.08.2025. Aggrieved by the said common order of the Tribunal, relating to COVID 19 relaxation, the present writ petitions have been filed by the authorities.

3) Heard the learned counsels appearing for both the parties.

4) The learned Additional Solicitor General for the petitioners would submit that the post of Sub-Inspector of Police falls under Group ‘B’ (Non- Gazetted) category. He contends that age relaxation for such posts can be granted only with the approval of the Union Public Service Commission and the Government of Puducherry and does not fall within the purview of the respondent Department. It is further submitted that age relaxation is not a matter of right.

5) He would further submits that as per the Recruitment Rules, 50% of the vacancies are reserved for in-service candidates and the remaining 50% for direct recruitment. He contends that the police force being a disciplined force, physical fitness and youthfulness are essential requirements, and age plays a crucial role in determining the suitability of candidates.

6) It is further submitted that after the Tribunal’s common order, since the Government of Puducherry is a Union Territory Administration, any policy decision requires approval from the Government of India through the nodal Ministry. Accordingly, the proposal for age relaxation was forwarded to the Ministry of Home Affairs, New Delhi, on 06.12.2023. The Ministry of Home Affairs, by its communication dated 07.05.2024, declined to grant age relaxation. Therefore, once the competent authority has taken a decision, the Tribunal ought not to have interfered with the matter of policy decision.

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