JUDGMENT :

VIVEK CHAUDHARY, J.

1. Heard Sri Manish Mishra, learned counsel for petitioner assisted by Sri Gaurav Upadhyaya, Advocate and Sri Dilip Pandey, Advocate. Sri Ran Vijay Singh, learned counsel is appearing for respondent Commission and learned Standing Counsel is present for the State.

2. Petitioner has approached this Court praying for a mandamus commanding the respondent no. 2 U.P. Subordinate Services Selection Commission, Lucknow (hereinafter referred to as ‘Commission’) to allow the petitioner to participate in the main examination for the post of Revenue Lekhpal.

3. The facts of the case as per the writ petition are that the Commission held a common Preliminary Entrance Test (PET) in the month of June, 2021, for facing selections for any Class-III post, to be filled up later through the Commission. Petitioner appeared in the said PET examination held on 17.06.2021 and cleared the same. Thus, he became entitled for appearing in selection examination to be held for any Class-III posts by the Commission. On 24.07.2021 Commission issued a proposed program for selections for different posts scheduled to be conducted by the Commission before March, 2022. The selection for the post of Revenue Lekhpal was proposed to be held in November, 2021. The same, however, could not be advertised in November, 2021 but was advertised on 05.01.2022 by Advertisement No. 1 of 2022. Amongst other conditions for eligibility to appear in the selection process for the post of Revenue Lekhpal, one of the condition initially advertised on 05.01.2022 was, that, the age of candidate on 01.07.2021 should not be less than 18 years and not more than 40 years. Therefore, petitioner was qualified as per the said advertisement. The said advertisement, however, was later modified and provided the maximum age limit of 40 years as on 01.07.2022, as per the U.P. Recruitment to Services (Age Limit) (Tenth Amendment) Rules, 2012. Admittedly, petitioner is of more than 40 years on 01.07.2022 as his date of birth is 15.05.1982 and, thus, he has approached this court.

4. Learned counsel for the petitioner submits that petitioner was entitled as per the first advertisement and the change made in the advertisement is arbitrary and illegal. As per the calendar year petitioner ought to be held entitled to appear in the examination. He further submits that even otherwise the selection process had started when the PET examination was taken in the month of June, 2021 and therefore, the same is the relevant date for the selection process.

5. Opposing the same, learned Standing Counsel submits that PET is general combined test taken for all Class-III posts. The purpose of PET is to reduce the huge number of candidates appearing for all Class-III posts advertised by the Commission, which was putting unnecessary burden on the Commission. He further submits that the validity of the PET is already considered and affirmed in number of writ petitions by this Court. Therefore, the same cannot be treated to be initiation of selection process for a particular post and initiation for selection of a particular post starts only when the vacancies of the said post under its rules are duly notified, which in the present case were advertised on 05.01.2022. Therefore, as per the U.P. Lekhpals Services Rules, 2006 (Lekhpal Rules, 2006), the calendar year would be from 01.01.2022 to 31.12.2022 and, therefore, petitioner is not qualified.

6. I have considered the submissions of learned counsels for parties and have perused the record with their assistance.

7. So far as the first submission, that, the selection process should be treated to have started in the month of June, 2021, when the PET examination was conducted by the Commission is concerned, I do not find any force in the said submission. The PET examination is a general examination. The same is not held for any specific service under any service rules. The same is conducted under the U.P. Subordinate Services Selection Commission Act,