Uttarakhand High Court
WPSB/416/2021 on 24 September, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
24TH SEPTEMBER, 2021
WRIT PETITION NO. 416 of 2021 (S/B)
Between:
Prabha Vati Arya ...Petitioner
and
The Registrar General, Hon'ble High Court
of Uttarakhand, Nainital, District Nainital
...Respondent
Counsel for the petitioner : Mr. Devesh Bishnoi, learned
counsel holding brief of Mr.
Rajveer Singh, learned
counsel.
Counsel for the respondent : Mr. Shobhit Saharia, learned
counsel.
The Court made the following:
JUDGMENT: (per Hon'ble Justice Sri Alok Kumar Verma)
This writ petition has been filed by the petitioner
under Article 226 of the Constitution of India with the following
prayers :
a) A writ, order or direction in the nature of
certiorari to quash the impugned order dated
18.08.2021 'List of candidate whose candidature
has not been considered for H.J.S. Examination
2021,' passed by the respondent so far as it
relates to the petitioner and petitioner be
permitted to appear in the H.J.S. Examination
2021.
b) A writ, order or direction in the nature of
mandamus directing the respondent to consider
the representation dated 19.08.2021 of the
petitioner.
c) A writ, order or direction in the nature of
mandamus to direct the respondent to take on
record the domicile certificate of the petitioner.
d) A writ, order or direction to give benefit of age
relaxation of five year to the petitioner on the
basis of domicile and caste certificate of the
petitioner according to the provision relaxation in
age to candidate belonging to SC/ST/O.B.C.
category.
2. The respondent has issued an Advertisement dated
23.06.2021 for Uttarakhand Higher Judicial Service, 2021,
Direct recruitment (from Bar) Examination, 2021 for filling up
two vacant post of Additional District & Sessions Judge by
direct recruitment under General Category. Out of these two
vacant post, one post is reserved for General (Uttarakhand
Female) and one post is reserved for General (Economically
Weaker Section). A list of candidates, whose candidature has
not been considered for H.J.S. Examination, 2021 pursuant to
2
the Advertisement dated 23.06.2021, is issued on 18.08.2021,
by which the candidature of the petitioner has not been
considered on the ground that the petitioner Prabha Vati Arya,
aged about 49 years, has become over-aged and she has not
enclosed her domicile certificate with her application.
3. Heard Mr. Devesh Bishnoi, learned counsel holding
brief of Mr. Rajveer Singh, the learned counsel for the
petitioner and Mr. Shobhit Saharia, the learned counsel for the
respondent.
4. Mr. Devesh Bishnoi, the learned counsel for the
petitioner, submitted that the petitioner belongs to Other
Backward Class Category, therefore, she should be granted
relaxation of five years for appearing in the said examination.
5. On the other hand, Mr. Shobhit Saharia, the learned
counsel for the respondent, opposed the contention of the
learned counsel for the petitioner and submitted that in the
clause 6 of the said Advertisement dated 23.06.2021, it is
clearly stated, "There is no reserved post for Scheduled Caste,
Scheduled Tribe and OBC category, hence, the candidature of
such applicant shall be treated as a General Category
candidate, meaning thereby, no relaxation of reserved
3
category will be admissible to him/her, except the examination
fees, payable to the High Court".
6. Clause 4 of the Advertisement dated 23.06.2021
stipulates that applicants to the direct recruitment must have
attained the age of 35 years and must not have attained the
age of 45 years, on the 1st day of January, 2021. In other
words, applicants should have been born on or after
02.01.1976 and not later than 01.01.1986. Applicants claiming
reservation in EWS category are not eligible for any relaxation
in upper age limit.
7. The minimum and maximum age limit of 35 years
and 45 years respectively have been fixed vide the
Advertisement dated 23.06.2021. Requirement of age has
been provided in the Uttarakhand Higher Judicial Service
Rules, 2004 (hereinafter referred to as 'the Rules, 2004').
8. According to the Rule 11 of the said Rules, 2004, a
candidate for direct recruitment must have attained the age of
35 years and must not have attained the age of 45 years on
the first day of January of the year in which the notice inviting
applications is published.
9. The relaxation in the age can only be granted, if
permissible under the Rules. In the case of Malik Mazhar
4
Sultan and another vs. U.P. Public Service Commission
and others, (2006) 9 SCC 507, the Hon'ble Supreme Court
has held that the recruitment to the service can only be made
in accordance with the Rules.
10. Mandamus is not a writ of right. A mandamus will go
where there is a specific legal right. A person can be aggrieved
only when he/she is denied a legal right. The petitioner has
not been in a position to show any legal right to direct the
respondent to relax the age for the post of General
(Uttarakhand Female) or General (EWS).
11. For the reasons stated above, the writ petition sans
merits. The writ petition is hereby dismissed at the admission
stage. No costs.
________________________
RAMESH CHANDRA KHULBE, J.
___________________
ALOK KUMAR VERMA, J.
Dt: 24th September, 2021
JKJ/Pant
