Eligibility criteria for higher posts cannot be relaxed without valid grounds, but age relaxation may be considered due to exceptional circumstances like delays caused by COVID-19.

Order

22/05/2025

1. The present writ petition has been filed with a prayer that the petitioner be allowed to appear for the Limited Departmental Quantitative Examination to be held qua the vacancies for the year 2024-2025 for the post of Assistant Commandant (GD).

2. The case of the petitioner is that as per the Standing Operating Procedure (SOP) (Annexure-6), the eligibility to appear for the examination of ‘Assistant Commandant (GD)’ is four years of regular service (including the training period) as on 01^st January of the vacancy year in the Rank of Sub Inspector/Inspector.

3. However, as the petitioner has completed only a period of two years 11 months and 16 days of service as on 01.01.2024 and further, a period of 3 years 8 months and 16 days as on 01.01.2025, she was not held eligible for the vacancies of both the years 2024 and 2025.

4. Learned counsel submits that it is only because of the delay caused in the recruitment process for the post of Sub-Inspector on which post he is working at present, that he could not complete his four years of service. The appointment of the petitioner on the post of Sub Inspector was granted with a huge delay because of the prevailing circumstances at that point of time including the COVID-19 situation. Had he been appointed in time, he definitely would have completed four years of service.

5. Learned counsel submits that in these circumstances, the rule deserves to be relaxed and the power to relax rule definitely lies with the State Government in terms of Rule 13 of the General Duty Officers Recruitment Rules, 2015.

6. Learned counsel further submits that even Clause of the SOP pertaining to the upper age limit deserves to be relaxed because if he is not permitted in the present examination (qua year 2024 and 2025), he would be overage by the next recruitment.

7. Heard the counsel and perused the record.

8. So far as the relief prayed by the petitioner to be permitted to appear in the present examination qua vacancies of 2024-2025 is concerned, a bare perusal of communication dated 30.05.2025 (Annexure-10) makes it clear that the representation was moved by the petitioner on 01.04.2025 whereas the last date of submission of application form was 21.02.2025.

9. Meaning thereby, till the last date for application form, the petitioner, despite knowing that he was not eligible in terms of the SOP, waited for the last date to lapse and then filed the representation which was decided vide order/communication dated 02.05.2025 (Annexure-11).

10. This Court is of the clear opinion that the representation of the petitioner has rightly been rejected as the eligibility conditions itself provides for a certain specific period of service and the same cannot be relaxed. The rationale behind that is the person to be appointed on a higher post must atleast have the minimum required period of experience on the subordinate post. Any relaxation in the period of experience would clearly prove to be a breach of the basic eligibility criteria.

11. Further, this Court, in writ jurisdiction, cannot direct any State instrumentality to grant relaxation in Rules which definitely being a policy decision, is within the domain of the State Department.

Therefore, Prayer No.1 as prayed for, cannot be entertained by this Court.

12. But the prayer made for consideration of age relaxation because of the reason of the petitioner having not been granted appointment on the post of Sub Inspector soon after he being selected because of COVID-19 situation, does deserve consideration. If the appointment to the selected candidates was not afforded at that time point of time because of COVID-19 situation, age relaxation qua that period definitely deserves consideration.

13. In view of the above, the present writ petition is disposed of with a direction to the petitioner to move a representation before the concerned authorities, praying for grant of age relaxation qua the future vacancy, on the premise that he was not afforded appointment on th