Andhra Pradesh High Court - Amravati
Yandrasatyanarayana, vs The State Of Andhra Pradesh on 9 January, 2024
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No.700 of 2024
ORAL ORDER:
Heard Sri B.Abhay Siddhanth Mootha, Ld. Counsel for
the Writ Petitioners, Sri S. Raju, Learned Assistant
Government Pleader for Services-I appearing for Respondent
No.1 and Sri V.Venkata Naga Raju, Ld. Standing Counsel for
APPSC appearing for the Respondent No.2.
2. The Writ Petitioner No.1 has BC-B reservation and the
Writ Petitioner No.2 has BC-D reservation. In the Notification
No.11/2023 dated 07.12.2023 which is issued by Respondent
No.2 (Ex.P.3), it is stated that the SC, ST and OBCs and EWS
will have relaxation of 5 years of age from 42 years onwards,
while the normal upper age limit in state employment is 34
years for OC candidates and therefore, plus 5 years would be
39 years.
3. Ld. Counsel for the Respondent No.2 would submit
that keeping in mind the Covid-19 period and also the reason
that Notification has not been issued for considerable time for
filling up of Group-II service posts, the Government has
already increased the upper age limit for OC candidates as 42
years and with further relaxation for SC, ST, OBC and EWS by
another 5 years which would be 47 years. The 5 years period is
already taken into account in this Notification due to Covid-19
and for non-issuance of the Notification for some years. The
Writ Petitioners are seeking age relaxation.
4. Ld. Counsel for the Writ Petitioners has drawn the
attention of this Court to the judgment passed by the Hon'ble
Apex Court in Civil Appeal No.2016 of 2022, dated 14.03.2022
titled as High Court of Delhi vs. Devina Sharma, wherein
the Hon'ble Apex Court has, on one hand finding no merit with
regard to the submissions of the Respondent therein, had
given one time relaxation as regards the upper cut-off of age
limit. It is to be noted that there was only 1
candidate/Respondent therein.
5. Ld. Counsel for the Writ Petitioners in the present case
would seek parity on this basis. This Court is of the view that
the Hon'ble Apex Court, while exercising its power under
Article 142 has given such age relaxation as one time measure,
that too because there was only one candidate seeking
relaxation. This Court is of the view that such power is not
available to this Court under Article 226 of the Constitution of
India. Hence, this request cannot be entertained.
6. However, the Writ Petitioners are given liberty to
approach the Respondent No.2 by submitting a fresh
Representation along with a copy of the Judgment of the
Hon'ble Apex Court. The Respondents may consider the said
Representation of the Writ Petitioners in accordance with law
on or before 17.01.2024 if the Representation is submitted
latest by or before 5.00 P.M on 15.01.2024.
7. Accordingly, this Writ Petition is disposed of. No Order
as to costs.
8. Interlocutory Applications, if any, stand closed in terms
of this Order.
_________________________________
G.RAMAKRISHNA PRASAD, J
Date: 09.01.2024
Note: Issue C.C today,
B/o,
MDP/Vns
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
Date: 09.01.2024
MDP/Vns
