JUDGMENT :

1. Recruitment to 9534 posts of Sub-Inspector, Civil Police (Male and Female), Platoon Commander PAC, and Second Officer in Fire Brigade came to be initiated by the Government of Uttar Pradesh, in furtherance of which an advertisement was issued by U.P. Police Recruitment Board, Lucknow (hereinafter referred to as the ‘Board’) on 24.2.2021. The advertised vacancies were of the recruitment years 2017-18, 2018-19 and 2019-20, respectively. Clause 3.4 of the advertisement required the age of applicant to be not below 21 years and not above 28 years as on 1.7.2021. Age relaxation was permissible for SC/ST candidates in terms of the State policy. The recruitment is regulated by the provisions of the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2015 (hereinafter referred to as the ‘Rules of 2015’).

2. On the relevant date i.e. 1.7.2021 all the writ petitioners were above 28 years of age and therefore ineligible to apply against aforesaid advertisement. Petitioners, however, assert that since advertised vacancies are of the years 2017-18, 2018-19 and 201920 and therefore, they be permitted to apply against the advertisement inasmuch as they were eligible when the vacancies arose, being below 28 years of age on the date vacancies occurred. It is also contended that respondents failed to advertise the vacancies in respective years despite an assurance having been given before the Supreme Court. As such the maximum age specified in Clause 3.4 of the advertisement be relaxed for them, as a one time measure, to enable them to apply for the recruitment in question.

3. Since prayer is made in this bunch of writ petitions is substantially the same, Writ Petition No.4924 of 2021 (Sushil Kumar Singh And Others Vs. State Of U.P. And Others) is treated as leading writ petition, wherein following prayer has been made:-

“I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to exercise powers under Section 46(2)(c) and 46(3) of the Police Act, 1861 and relax the upper age limit as provided in Rule 10 of the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2015 (hereinafter referred to as “Rules, 2015”).

(II) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to grant age relaxation to the petitioners and permit them to apply in pursuance of the advertisement dated 24.2.2021 by suitably amending the terms of the advertisement thereof;”

4. Petitioners have claimed above relief primarily on the basis of the orders passed by Supreme Court of India in Writ Petition (C) No. 183 of 2013 (Manish Kumar Vs. Union of India and others). According to them the State is bound by its undertaking given before the Court to fill up the vacancies caused in the respective recruitment years, annually, and their failure to honour such commitment has denied an opportunity to petitioners to apply for recruitment made to the posts of Sub-Inspector, Civil Police (Male and Female), Platoon Commander PAC, and Second Officer in Fire Brigade under advertisement dated 24.2.2021.

5. Before proceeding to examine the claim of petitioners, it would be appropriate to refer to the relevant provisions of Rules of 2015, which shall regulate recruitment, selection and appointment etc. on the posts so advertised. The Rules of 2015 have been framed by the Governor in exercise of powers under Clause (c) of Sub-section (2) of Section 46 read with Sub-section (3) of the said section and Section 2 of the Police Act, 1861 with a view to regulate selection, promotion, training, appointment, determination of seniority and confirmation etc. of Sub-Inspectors and Inspectors of Civil Police in Uttar Pradesh Police Force.

6. Rule 3(b) specifies appointing authority to mean the Deputy Inspector General of Police, while Sub-rule (c) defines Board i.e. Uttar Pradesh Police Service Recruitment and Promotion Board. Rule 3(b), (c), (i), (m), (n) & (o) of the Rules of 2015 have