Krishan Dev Pachauri And 2 Others vs High Court Of Judicature At ...
2021 Latest Caselaw 2724 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 40
 

 
Case :- WRIT - A No. - 1954 of 2021
 

 
Petitioner :- Krishan Dev Pachauri And 2 Others
 
Respondent :- High Court Of Judicature At Allahabad And Another
 
Counsel for Petitioner :- Arvind Kumar Singh
 
Counsel for Respondent :- Rahul Agarwal
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed to seek relaxation of age for appearance in the selection test for the post under Uttar Pradesh Higher Judicial Service Rules, 1975 (In short "Rules 1975") in pursuance to the advertisement dated 17.12.2020. The issue in reference to the challenge to Rule 12 of the Rules 1975 so as to Clause 2 of the advertisement has been dealt with by this court in Writ-A No.2942 of 2021, Smt. Sunita Yadav Vs. State of U.P. & others. The writ petition therein was dismissed referring to the judgment of the Apex Court in the case of Hirandra Kumar vs. High Court of Judicature at Allahabad and another, 2019 SCC online SC 254.

The judgment applies to the facts of this case as relaxation in age cannot be given unless so provided under statute. There is no provision for relaxation in the age and otherwise Rule 12 of the Rules 1975 has not been challenged and otherwise upheld by the Apex Court in the case of Hirandra Kumar (Supra).

This writ petition is to be governed by the judgment referred above.

In view of the Rule 12 of the 1975 Rules and judgment of the Apex Court in the case of Hirandra Kumar (Supra) on the same issue, we do not find any merit in the writ petition for acceptance of the prayer.

The writ petition accordingly, fails and is dismissed.

Order Date :- 19.2.2021

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