The imposition of conditions for recruitment, such as registration with the Employment Exchange, must have statutory backing and cannot be arbitrary or illegal.

ORDER : – Regard being had to the similitude of controversy, both petitions are heard analogously and decided by this common order. For convenience’s sake, facts as narrated in Writ Petition No. 13312 of 2022 are taken into consideration.

2. Instant petition has been preferred by the petitioner under Article 226 of the Constitution of India taking exception to the action and inaction of respondents whereby respondents have not accepted renewed certificate (Annexure P-3) issued in favour of the petitioner although subsequently. Petitioner has prayed for following reliefs : –

“(i) That the respondents may kindly be directed to accept renewed certificate Annexure P/3 issued in favour of the petitioner by respondent No. 4 treating the same to be valid for all purposes, in the interest of justice. (ii) Cost of the petition be awarded or any other order or direction deemed fit in the circumstances of the case be issued in the favour of the petitioner.”

3. Precisely stated facts of the case are that petitioner is bona fide resident of Village Kanchapura, Tahsil, Gohad, District Bhind. In response to advertisement dated 31-12-2022 (Annexure P/1), examination form for the post of Constable (GD) Police was filled up by the petitioner. It appears from the record and submissions, petitioner had registration certificate of Employment Exchange till 1-9-2020. Thereafter, petitioner could not renew his registration certificate because of COVID-19 pandemic situation. As submitted, office/website of respondent No. 4 was not functioning due to COVID-19 pandemic, therefore, he could not renew it and when he got the opportunity in April, 2022 then he got it registered afresh on 4-4-2022.

4. Meanwhile in November-December 2020, advertisement was issued by Professional Examination Board (respondent No. 3 herein) for recruitment to the post of Constable (GD) Police. In response thereof, petitioner also submitted his form vide Annexure P-2. When petitioner appeared in Physical Proficiency Test (PPT) in June, 2022, then he was restrained to participate because of lapse of registration certificate with employment exchange at the time of filing the application form. Therefore, this petition was preferred seeking reliefs as referred above in which interim order was passed and petitioner was allowed to participate in the Physical Proficiency Test (PPT) which is held on 25-6-2022 (only in W. P. No. 13312 of 2022).

5. It is the submission of learned counsel for the petitioner that initially petitioner got registered with the Employment Exchange and his registration was continued till 1-9-2020. Meanwhile, due to wrath of pandemic COVID-19, all offices and regular working of government offices were disrupted and only essential services were carried out, therefore, despite all efforts, petitioner could not register or renew his registration certificate with the employment exchange. It is the specific submission that offices/website of Exchange were not functioning. Meanwhile, in response to the advertisement issued by respondent No. 3, he filled up the form and intended to participate in the examination. Later on, he got his registration afresh from Employment Exchange on 4-4-2022, certainly before appearing in Physical Proficiency Test (PPT) on 25-6-2022.

6. It is further submitted that condition of Registration Certificate of Employment Exchange so prescribed by the respondent No. 3 is based upon executive instructions and it is not backed by any statute per se. In absence of any statutory flavour, imposition of such condition is arbitrary and illegal. Even otherwise, petitioner was well within the possession of relevant Registration Certificate at the time of appearance in the examination on 25-6-2022 and it is not the case of respondents that petitioner otherwise bereft of essential qualifications as sought by the respondents.

7. Ms. Smrati Sharma appearing on behalf of petitioner specifically submits that P.P.T. and written examination is conducted and res