Ajay Kanaujia And Ors. vs State Of U.P Thru Principal Secy. ...

Citation : 2015 Latest Caselaw 2645 ALL
Judgement Date : 24 September, 2015

Allahabad High Court
Ajay Kanaujia And Ors. vs State Of U.P Thru Principal Secy. ... on 24 September, 2015
Bench: Devendra Kumar Arora



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- SERVICE SINGLE No. - 5623 of 2015
 

 
Petitioner :- Ajay Kanaujia And Ors.
 
Respondent :- State Of U.P Thru Principal Secy. Medical And Health And Ors
 
Counsel for Petitioner :- Ramesh Pandey,Pankaj Kumar Shukla
 
Counsel for Respondent :- C.S.C,Gaurav Mehrotra
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Notice on behalf of respondents nos. 1,4 and 5 has been accepted by the Chief Standing Counsel whereas on behalf of respondents no.2 and 3  notice has been accepted by Sri Gaurav Mehrotra.

Petitioners have filed the instant writ petition seeking direction to respondents to consider their candidature for appointment on the post of X-ray Technician in the department of Medical and health Services U.P.Lucknow pursuant to advertisement no. 14/Recruitment/2015 dated 3.9.2015 issued by U.P.Subordinate Services Selection Commission, U.P. Lucknow. Petitioners further seek directions to respondents to accept their application forms for appointment on the post of X-ray Technical ignoring the age limit prescribed in the advertisement.

Counsel for the petitioners has submitted that the earlier an advertisement for appointment on the same post was issued on 14.10.2013 and the petitioners participated in the interview held in December, 2013 in which petitioners participated and performed well. Further, they were hopeful of getting success in the said examination but the same has been cancelled and now after a gap of two years, again the same posts have been advertised. The grievance of the petitioners is that during the said period they have become over age and as such petitioners gave a representation to  the State Government for giving relaxation in age limit under the provisions of U.P.Lok Sewa (Bharti Ke Liya Ayu Seema Ka Sithilikaran) Niyamawali, 1992 so as to enable them to apply against the advertisement dated 3.9.2015. It has also been pointed out that the last date for filling up form for the aforesaid post is 7.10.2015.

Counsel for the petitioners submit that the interest of justice would  be served, if the State Government is directed to consider their claim for relaxation in age expeditiously so that they may apply in time.

Standing Counsel and Sri Gaurav Mehrotra, Counsel for the respondents nos. 2 and 3 have no objection to the aforesaid innocuous prayer of the petitioners.

Appreciating the submissions made by the parties, petitioners are directed to make a fresh representation narrating all the facts to the State Government within a week and in case such a representation is made, the Principal Secretary, Medical & Health Services, Government of U.P. Lucknow, shall consider and decide the same by a reasoned order much earlier to 7.10.2015. Subject to the aforesaid observations and directions, this writ petition is disposed of  finally.

Order Date :- 24.9.2015 MH/-