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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Girish Agnihotri, J.
Navdeep Singh Brar & Ors. - Appellants
Versus
State Of Punjab & Anr. - Respondents
CWP No. 12723-2021 (O&M)
Decided On : 11-08-2021
AGE RELAXATION - POLICE RECRUITMENT - Punjab Police Rules, 1934, Rule 12.6(c) - The court dismissed writ petitions seeking age relaxation for applying against the posts of Police Sub Inspectors advertised on 06.07.2021. The petitioners did not fulfill the age criteria prescribed in the advertisement. The court found no merit in the pleas raised in the petition, stating that the action of the respondent-Department was in accordance with the statutory rules. The court also emphasized that the petitioners had no legal right to claim age relaxation based on the alleged promise by the Chief Minister or the inaction of the Government in initiating the recruitment process. The court held that the petitioners cannot claim extension in the upper age limit due to the COVID situation, as the selection process was not deferred or delayed because of COVID. The court also noted that the petitioners did not challenge the relevant rules and eligibility conditions, and therefore, the writ petitions were dismissed.
Fact of the Case:
The petitioners sought age relaxation for applying against the posts of Police Sub Inspectors advertised on 06.07.2021. They did not fulfill the age criteria prescribed in the advertisement and based their case on the alleged promise by the Chief Minister, inaction of the Government in initiating the recruitment process, and the COVID situation.
Finding of the Court:
The court found no merit in the pleas raised in the petition, stating that the action of the respondent-Department was in accordance with the statutory rules. The court emphasized that the petitioners had no legal right to claim age relaxation based on the alleged promise by the Chief Minister or the inaction of the Government in initiating the recruitment process. The court held that the petitioners cannot claim extension in the upper age limit due to the COVID situation, as the selection process was not deferred or delayed because of COVID. The court also noted that the petitioners did not challenge the relevant rules and eligibility conditions, and therefore, the writ petitions were dismissed.
Issues: The issues involved in the case were the eligibility for age relaxation for applying against the posts of Police Sub Inspectors, the alleged promise by the Chief Minister, inaction of the Government in initiating the recruitment process, and the impact of the COVID situation on the selection process.
Ratio Decidendi: The court's decision was based on the finding that the action of the respondent-Department was in accordance with the statutory rules, and the petitioners had no legal right to claim age relaxation based on the alleged promise by the Chief Minister or the inaction of the Government in initiating the recruitment process. The court also held that the petitioners cannot claim extension in the upper age limit due to the COVID situation, as the selection process was not deferred or delayed because of COVID. Additionally, the court noted that the petitioners did not challenge the relevant rules and eligibility conditions.
Final Decision: The court dismissed the writ petitions seeking age relaxation for applying against the posts of Police Sub Inspectors advertised on 06.07.2021, stating that the petitioners had no legal right to claim age relaxation and the selection process was not deferred or delayed because of COVID. The petitioners did not challenge the relevant rules and eligibility conditions, and therefore, the writ petitions were dismissed.
JUDGMENT
Girish Agnihotri, J. (Oral). - The matter has been taken up through video conferencing on account of restrictions due to outbreak of COVID-19 pandemic.
2. By this order, I shall dispose of CWP Nos.12723, 13474, 13337, 13789, 13893, 14668, 14879 of 2021 as common questions are involved for adjudication. For orders, CWP No.12723 of 2021 is being treated as the lead case.
3. The petitioner Navdeep Singh Brar and 55 others have filed the instant writ petition, inter alia, with a prayer to direct the respondents to give age relaxation to them for applying against the posts of Police Sub Inspectors advertised on 06.07.2021. A further prayer is made to count their age as on 01.01.2021 in lines of the judgment of the Hon’ble Supreme Court in Re: Cognizance for Extension of Limitation whereby the period starting from 15.03.2020 till further orders was directed to be considered as ‘Zero Period’ in view of COVID-19 pandemic. Prayer is also made to allow the petitioners to provisionally appear in the examination scheduled for the above-said posts.
4. This Court in view of the facts and grounds noticed hereunder finds no merit in the pleas raised in the petition.
5. Learned counsel for the petitioners submit that on 06.07.2021, Advertisement No.1 of 2021 was issued by the Punjab Police for recruitment to the post of Sub Inspectors, in the cadre of District Police, Armed Police Intelligence and Investigation. As per the petitioners, 560 posts of Sub Inspectors were advertised. The last date for filling up online application forms was fixed as 27.07.2021. It is pleaded that under Clause 5 of the advertisement under the head “ESSENTIAL ELIGIBILITY REQUIREMENTS FOR CANDIDATES”, the following was provided:-
“5.1 Nationality The candidate should be a citizen of India. She/he should not have obtained the citizenship/permanent residency/green card of any other country.
5.2 Age Eligibility criteria regarding age shall be as follows:Minimum age as on 1 January, 2021- 18 years Maximum age as on 1 January, 2021 - 28 years. Relaxation in age shall, however, be applicable as mentioned below:
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.”
6. The petitioners have conceded that they do not fulfill the age criteria prescribed in the advertisement. In other words, their age is beyond the age of 28 years which was required as on 01.01.2021. The grounds on which the petitioners have based their case is:-
(i) On 12.07.2020, the worthy Chief Minister of Punjab in his official tweet at Twitter had responded to the query of one Mr. Amarpal Singh from Ludhiana and had said that “the official announcement of the increase in recruitment age from 28 years to 32 for DSPs and Sub Inspectors will be made in the coming days…”;
(ii) It is pleaded that since 2016 to till date, no recruitment process has been initiated by the Government. It is pleaded that last examination for the said posts was held in the year 2016 and 450 posts were advertised at that time. It is then pleaded that this inaction on the part of the respondents has adversely affected their chances to appear and compete f
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