Hon’ble Sudhir Agarwal, J.—Petitioners claimed to have worked as Members of Social Audit Teams (hereinafter referred to as the “SAT”) constituted for Audit work performed under Mahatma Gandhi National Rural Employment Guarantee Scheme, have challenged circular dated 4.9.2017 issued by Director, Social Audit, U.P., Lucknow giving guidelines for selection and engagement of SAT Members including eligibility and other conditions for engagement, to the extent it provides that eligible persons should be 40 years of age on 1.4.2017 and not more than 65 years on the said date. Fixation of minimum age of 40 years has been challenged on the ground that it is arbitrary, irrational, discriminatory and violative of Articles 14 and 16 of the Constitution.

2. On behalf of petitioners Sri Ashok Khare, learned Senior Advocate assisted by Sri Akhilesh Kumar Singh, Advocate, Sri Namit Kumar Singh and Sri S.P. Shukla, Advocates have addressed this Court and other counsels for petitioners have adopted their arguments. On behalf of respondents, Sri Shashi Nandan, learned Senior Advocate assisted by Sri Sanjay Kumar Om, Advocate has addressed the Court.

3. Since basic question is common in all writ petitions, therefore, for the purpose of brief factual matrix, this Court is referring pleadings of Writ Petition No. 46769 of 2017 which has been filed by 57 petitioners led by Harendra Yadav.

4. Writ Petition No. 45067 of 2017 has been drafted in slightly different manner and case set up by petitioners is that for appointment of reserved category candidates, age limit should not be applied and fixation of age limit from 40 to 65 years is arbitrary but with regard to argument that minimum age of 40 years is arbitrary, the contentions advanced in other writ petitions have been adopted and followed.

5. Parliament enacted Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (hereinafter referred to as the “MGNREG Act, 2005”). The aforesaid Act was enacted for enhancement of livelihood security of households in rural areas of country by providing atleast 100 days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work and for matters connected therewith or incidental thereto. Aforesaid enactment was made as a recognition of right of earning livelihood with dignity since without such right fundamental right of life and liberty would have been a meaningless protection for real masses of country residing in rural areas having no vocational or technical qualification and mostly are engaged in unskilled work which is not available all times. MGNREG Act, 2005 provides atleast 100 days of guaranteed wage employment in a financial year to every household whose adult members volunteered to do unskilled manual work. It also envisages a cooperative partnership with Central Government, State Government, Local Bodies and Local Community. In exercise of powers under Section 24(1) of MGNREG Act, 2005, Mahatma Gandhi National Rural Employment Guarantee Audit of Scheme Rules, 2011 (hereinafter referred to as the “Audit Rules, 2011”) were framed and notified on 30.6.2011. Rule 4 thereof provides for facilitation of SAT by State Government and reads as under:

“4. Social audit facilitation—(1) The State Government shall identify or establish, under the Act, an independent organization (hereinafter referred to as Social Audit Unit) to facilitate conduct of social audit by Gram Sabhas.

(2) The Social Audit Unit shall be responsible for the following, namely :

(a) build capacities of Gram Sabhas for conducting social audit; and towards this purpose, identify, train and deploy suitable resource persons at village, block, district and State level, drawing from primary stakeholders and other civil society organizations having knowledge and experience of working for the rights of the people;

(b) prepare social audit reporting formats, resource material, guidelines and manuals for the social audi