HIGH COURT OF JUDICATURE AT ALLAHABAD
SAUMITRA DAYAL SINGH, INDRAJEET SHUKLA
Anita Rani – Appellant
Versus
State of U.P. – Respondent
Certainly. Based on the provided legal document, here are the key points:
The appellant, Anita Rani, was appointed as an Assistant Teacher after completing her Special BTC training in June 2012 and applying for the post in January 2015, with her appointment being made in July 2016 (!) (!) .
The order under challenge declared her appointment void-ab-initio because she was over the maximum age limit at the time of appointment, as she was above 50 years old, and she did not qualify for age relaxation under the relevant rules (!) (!) .
The appellant claimed entitlement to age relaxation as a Scheduled Caste candidate, which would allow her to apply up to the age of 45, and further relaxation of 2 years 6 months 21 days based on the Proviso to Rule 6 of the Rules of 1981, but she was over this extended age limit at the time of application and appointment (!) (!) (!) .
The authorities accepted her application and appointed her despite her exceeding the age limit, which was challenged later when her appointment was declared void (!) (!) .
The appellant argued that her appointment had been made in good faith, without any fraudulent act or misrepresentation, and that the delay in canceling her appointment was unjustified given her long service period of about 7 years (!) .
The legal principles considered include the importance of preventing appointments obtained through fraud or misrepresentation, but also recognizing that wrongful appointments made in good faith and for a significant period may warrant some leniency (!) (!) .
The court observed that there was no evidence of fraud or misrepresentation by the appellant, and that the error in age calculation was on the part of the authorities, not the appellant (!) .
The appellate court partly set aside the previous orders, allowing the appellant to continue in her position but without entitlement to salary for the period during which she was out of service (!) .
The decision reflects a balance between upholding rules and preventing misuse, while also considering the appellant's long service, good faith, and the absence of fraud (!) (!) .
The case emphasizes that appointments made in good faith and for a substantial duration may be protected, even if initially irregular, provided there is no element of fraud or malfeasance.
JUDGMENT
(Per Indrajeet Shukla, J)
1. Heard Mr. Ashok Khare, learned Senior Counsel assisted by Mr. Umang Srivastava, learned counsel for the appellant; Ms. Akanksha Sharma, learned counsel for respondent nos.3 & 4 and, Mr. Ankit Gaur, learned Standing Counsel for the State.
2. Present intra-Court appeal has arisen against the order of learned Single Judge dated 08.05.2025 in Anita Rani versus State of U.P. and 4 others , Neutral Citaion:-2025:AHC:74204 whereby the learned Single Judge dismissed the writ petition, observing as follows:-
“11. In view of above, the relevant dates are (I) date of completion of Special BTC Course, (ii) date of submission of form for recruitment process and (iii) date of appointment.
12. In present case, petitioner has completed Special BTC Training course on 12.06.2012 and advertisement was issued on 19.12.2014 i.e. after 2 years and 6 months and 7 days. The petitioner was a Scheduled Caste candidate, therefore, a relaxation of 5 years was granted in maximum age limit i.e. 45 years and she can apply after adding 2 years 6 months and 7 days i.e. up to 47 years 6 months 21 days as on cut off date i.e. 01.07.2014 taking into consideration that course was concl


Radhey Shyam Yadav Versus State of U.P. and others
Vikas Pratap Singh and others vs. State of Chhatisgarh and others
Irregular appointments without fraud may be permitted to continue under sympathetic circumstances, despite age limit breaches in eligibility. Appointments declared void-ab-initio in accord with U.P. ....
The court ruled that appointments exceeding statutory age limits are void, yet if no fraud occurs, longstanding service may warrant equitable relief despite technical violations.
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
Eligibility criteria for recruitment must be strictly adhered to, and any changes post-selection cannot retroactively affect concluded processes.
Identical candidates holding Dip Ed qualifications from 2008 are entitled to age relaxation in recruitment processes, as consistent with judicial precedents supporting equal treatment under the law.
Employment cannot be claimed as legal if the appointment violated established recruitment age criteria, regardless of prior service or the rules governing age relaxations.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.