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2021 Supreme(All) 536

ASHWANI KUMAR MISHRA
Sushil Kumar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prashant Mishra,Tarun Agrawal
For the Respondent: C.S.C., Vikram Bahadur Yadav

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 eligibl

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