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2023 Supreme(All) 281

SUNEET KUMAR, RAJENDRA KUMAR IV
Prabhat Kumar Tiwari – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Seemant Singh

JUDGMENT :

1. Heard Sri Seemant Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.

2. Petitioner applied for the post of Sub-Inspector (Civil Police) and other equivalent post pursuant to Direct Recruitment 2020-21 initiated vide Notification dated 25 February 2021, by the second respondent, Uttar Pradesh Police Recruitment and Promotion Board, Lucknow (for short ‘Board’).

3. By the instant petition, petitioner is challenging the validity of Rule 10 of Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service (Second Amendment) Rules, 2016 (for short ‘Rules 2016’).

4. Rule 10 provides for eligibility in respect of age. The Rule as initially enacted reads thus:

    “Age-10. 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 a calendar year in which vacancies for direct recruitment are advertised:

Provided……...”

5. The Rule subsequently came to be amended in following terms. The amended Rule reads thus:

    “Age-10. A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of 28 years on th

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