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2011 Supreme(All) 1750

SUDHIR AGARWAL
SUNIL KUMAR PANDEY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Gautam Baghel and P.S. Baghel for the Petitioners; C.S.C., Piyush Shukla, S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri P.S. Baghel, Senior Advocate assisted by Sri Gautam Baghel, for the petitioners and perused the record.

2. The petitioners have sought a writ of certiorari for quashing the advertisement dated 19.5.2011 in so far as it provides upper age limit as 28 years and have also sought a writ of mandamus directing the respondents to provide relaxation in age to the candidates born between 1.1.1980 to 1.7.1983 so as to make them eligible to appear in the selection in question.

3. Admittedly the recruitment in question is governed by the U.P. Police Sub-Inspector and Inspector (Civil Police) Services Rules 2008 (hereinafter referred to as the “2008 Rules”) as amended from time to time. The aforesaid Rules do not contain any provision conferring power to the competent authority to relax the Rule regarding age. Rule 10 of 2008 Rules reads as under :

“A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 28 years on the first day of July of calendar year in which vacancies for direct recruitment are advertised:

Provided that the upper age limit in the case of candidate belonging to the

































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