The court emphasized that the maximum age limit for applying to the posts of Police Sub-Inspectors could only be increased by amending the Rules as per the prescribed procedure under the law and that it cannot issue any direction or Mandamus solely based on a tweet made by the Chief Minister.

ORDER

Karamjit Singh, J. - Case has been heard through video conferencing on account of COVID-19 Pandemic.

2. The challenge in the present appeal is to the judgment dated 11.8.2021 passed by the learned Single Judge whereby the writ petitions filed by the appellants were dismissed.

3. The appellants and other persons filed 7 different writ petitions seeking the following reliefs:-

i. To direct the respondents to give age relaxation to them for applying against the posts of Police Sub-Inspectors advertised on 6.7.2021.

ii. To count their age as on 1.1.2021 as per the judgment of Hon'ble Supreme Court in "Re: Cognizance for Extension of Limitation" whereby the period starting from 15.3.2020 till further orders was directed to be considered as "Zero Period" in view of COVID-19 pandemic.

iii. To allow the petitioners (appellants herein) to provisionally appear in the examination scheduled for the aforesaid posts.

4. The writ petitions were contested by the respondents.

5. Reply by way of affidavit of Mr. Patil Ketan Baliram, IPS, Assistant Inspector General of Police Personnel-2, Punjab, Chandigarh was filed on behalf of respondents No.1 and 2.

6. After hearing counsel for the parties, the learned Single Judge dismissed all the writ petitions vide impugned order dated 11.8.2021.

7. The appellants being not satisfied have filed the present appeal.

8. We have heard the counsel for the appellants and the State counsel who was having advance copy of the appeal.

9. The counsel for the appellants submitted that 560 posts of Sub-Inspectors in the Punjab Police Department were advertised on 6.7.2021 and the last date for submission of on-line application forms was 27.7.2021. As per the said advertisement minimum prescribed age as on 1.1.2021 was 18 years and maximum prescribed age as on 1.1.2021 was 28 years, subject to certain relaxations which reads as follows:-

"i. Relaxation upto five (5) years in the prescribed upper age limit has been granted to the candidates belonging to the Scheduled Castes and Backward Classes, who are residents of Punjab. As such, maximum age for such candidates shall be 33 years as on 1 January, 2021.

ii. Ex-servicemen, who are residents of Punjab, shall be allowed to deduct the period of his/her service in the Armed Forces of the Union from his actual age, and if the resultant age does not exceed the maximum age limit prescribed for direct appointment to such a vacancy in the Service Rules concerned by more than three (3) years, she/he shall be deemed to satisfy the conditions regarding age limit.

iii. Relaxation upto five (5) years in the prescribed upper age limit has been granted to candidates, who are serving regular employees of Punjab Government or of other State or Central Government. As such, maximum age for such candidates shall be 33 years as on 1 January, 2021."

10. The counsel for the appellants further submitted that no appointments to the posts of Sub-Inspectors were made in the Police Department since 2016. The appellants who intended to compete for the said posts, have lost the chance for applying / participating in the selection process, as they were more than 28 years of age as on 1.1.2021. The counsel for the appellants further submitted that in these circumstances the respondents be asked to consider the prayer of the appellants sympathetically as was held by this Court in CWP-25534-2016. Mangat Singh and others vs. State of Punjab and others decided on 3.2.2020.

11. The counsel for the appellants next contended that on 12.7.2020, the Chief Minister of Punjab tweeted that the official announcement of the increase in recruitment age from 28 to 32 years for Sub-Inspectors in the Police Department would be made in the coming days as is evident from Annexure P-4. The counsel for the appellants while referring to the judgment of Delhi High Court in WP(O No.8956 of 2020. Najma vs. Government of NCT of Delhi decided on 22.7.2021 contended that such assurance given by the Chief Minister of the State is enforceable