Shyam Singh vs State Of U.P. And Others
2012 Latest Caselaw 3664 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 38
 

 
Case :- WRIT - C No. - 41345 of 2012
 

 
Petitioner :- Shyam Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- S.K. Rao,O.P. Singh
 
Respondent Counsel :- C.S.C.,B.D. Pandey
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Heard learned counsel for the petitioner.

The petitioner claims himself to be a research scholar of the respondent University. He has come up questioning the correctness of the provisions relating to the maximum age limit prescribed for research scholars for contesting Union Elections in the Government Order dated 21st March, 2012 on the ground that the same is not in conformity with the view expressed by the apex court in the judgment dated 8.12.2011 in the case of University of Kerala Vs. Council, Principals', Colleges, Kerala and others. A copy of the said judgment is annexure 8 to the writ petition.

Sri O.P. Singh, learned Senior Counsel assisted by Sri S.K. Rao contends that the State Government without taking notice of the aforesaid judgment has fixed the maximum age limit as 28 years whereas the apex court had accepted the suggestion of a maximum age of 30 years.

In the opinion of the court, this is a matter of policy decision and if the apex court decision was not brought to the notice of the State Government then it is open to the petitioner to approach the State Government and it is only the concerned authority of the State Government who can proceed to examine the aforesaid claim in the light of the apex court judgment dated 8.12.2011 and then pass an appropriate order in this matter.

Accordingly, this writ petition is consigned to records with liberty to the petitioner to approach the State Government for the redressal of his grievances.

Sri O.P. Singh submits that in view of the aforesaid order passed, he does not propose to press his relief for quashing of the offending provision in the Government Order and accordingly it is provided that in case the petitioner approaches the State Government within ten days from today the State Government shall take an appropriate decision expeditiously.

Order Date :- 23.8.2012/Sahu