$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: March 14, 2023 + W.P.(C) 2977/2023 & CM APPL. 11625/2023 & CM APPL.

11626/2023 NITISH KUMAR & ORS. ..... Petitioners Through: Mr. Ajay Garg, Ms. Tripti Gola, Ms. Lhingdeihat Chongloi &

Mr. Arvind Sardana, Advocates Versus UNION OF INDIA & ANR. ..... Respondents Through: Ms. Shivalakshmi, Central Government Standing Counsel, Ms. Ridhima Malhotra, Ms. Srishti Rawat & Ms. Avshreya Pratap Singh Rudy, Advocates with Major Partho Katyayan CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. The respondent No.2, Indian Army, has notified an advertisement inviting online applications from male candidates for selection test for Soldier Technical, Nursing Assistant/ Nursing Assistant Veterinary and Sepoy Pharma intake for the recruitment year from 16.02.2023 till 15.03.2023 for the domicile of districts of Delhi State, Faridabad, Gurugram, Mewat (NUH) and Palwal District of Haryana State.

2. The petitioners before this Court are aspirants for recruitment to the post of Sepoy Pharma in different zones and claim to have the requisite qualification for the said post, however, are overaged to apply for this recruitment drive. The present petition has been preferred seeking a writ of mandamus directing the respondents to allow upper age relaxation of three years to the petitioners in all the categories to enable them to apply to the post of Sepoy Pharma in the advertisement in question for different zones.

3. According to petitioners, the last drive to fill up the post of Sepoy Pharma was undertaken by the respondents in the year 2019 and appointments were made. Thereafter, an advertisement was notified on 01.02.2021 for the year 2020-21 for recruitment to the said post for different zones and many of the petitioners had applied for the same. However, thereafter an Addendum for cancellation of the recruitment process under the said advertisement was issued by the respondents. Thereafter, another advertisement dated 14.07.2021 was notified by the respondents, however, vide their notifications dated 26.08.2021 and 07.09.2021, the said recruitment process was postponed and thereafter, nothing was notified in respect of the advertisement dated 14.07.2021.

4. The petitioners claim that after a period of three years, the advertisement dated 16.02.2023 has been notified inviting applications to the post of Sepoy Pharma and the upper age limit prescribed for the said post is 19 to 25 years. The petitioners have averred that arbitrarily no recruitment drive has been conducted by the respondents and by now, petitioners have become over aged and turned ineligible to apply for the post of Sepoy Pharma.

5. Aggrieved against the aforesaid advertisement dated 16.02.2023, some of the petitioners claim to have made queries and representations on the online portal of respondent No.2, but the same have not been acceded to.

6. During the course of hearing, learned counsel appearing on behalf of petitioners has submitted that the respondents have not posted the said vacancies on the National Career Portal despite various guidelines of the Department of Personnel and Training vide O.M. dated 13.06.2016;

23.06.2016; 02.11.2016 and 23.12.2016.

7. Also submitted that recruitment to the post of Sepoy Pharma in Indian Army was not made by the respondent in the years 2020, 2021 and 2022 and had the recruitment process pursuant to advertisement dated 14.07.2021 was undertaken, the petitioners would have participated in the recruitment process.

8. Learned counsel for petitioners further submitted that the respondents have provided two years of age relaxation on account of Covid-19 to the other posts in the Indian Army, such like Junior Commissioned Officer (Religious Teacher) RRT Courses 91 & 92, 2022- 23; Army Recruitment Rally for Soldier Technical Nursing Assistant & Nursing Assistant Veterinary 2022-23 and Agniveers in Agnipath Scheme. 9. Hence, on parity