Citation : 2024 Latest Caselaw 560 AP
Judgement Date : 12 January, 2024
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No.1229 OF 2024
ORDER:
Heard Sri A. Rajendra Babu, Learned 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, Learned Standing Counsel for
Respondent No.2.
2. The Petitioners in this case are seeking age relaxation
for the reasons mentioned in the Affidavit filed in support of
the Writ Petition as regards the filling up of Group-II Posts
by the Andhra Pradesh Public Service Commission (APPSC).
3. Sri V. Venkata Naga Raju, Learned Standing Counsel
for Respondent No.2 would submit that this case is
identical to W.P.No.700 of 2024 that was considered by this
Court on 10.01.2024. Learned Counsel would submit that
while disposing of the said W.P.No.700 of 2024, this Court
held that, under Article 226 of Constitution of India, this
Court does not have the power to pass such orders to do
complete justice, which is akin to the power vested with the
Hon'ble Supreme Court under Article 142. Learned
Counsel has further stated that this Hon'ble Court was
pleased to dispose of W.P.No.700 of 2024 with liberty to the
Writ Petitioners to approach Respondent No.2 by
submitting a fresh Representation along with a copy of the
Judgment of the Hon'ble Apex Court, thereby leaving it to
the discretion of Respondent No.2 as regards the age
relaxation.
4. Having considered these submissions, this Court is
inclined to pass similar Order by holding that this Court
does not have the power to pass an Order by relaxing the
age limit for doing complete justice under Article 226. 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 in High Court of Delhi Vs. Devina Sharma (Civil
Appeal No.2016 of 2022 dated 14.03.2022).
5. The Respondent No.2 may consider the
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.
6. Accordingly, this Writ Petition is disposed of. No
order as to costs.
7. Interlocutory Applications, if any, stand closed in
terms of this order.
_______________________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J
Dt: 12.01.2024
Note: Issue C.C today, B/o, Vns
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No.1229 OF 2024
12.01.2024
Vns
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