WPSS/1807/2023
2023 Latest Caselaw 2902 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
             with Signatures
                                 WPSS No.1807 of 2023
                                 Hon'ble Pankaj Purohit, J.

Mr. Rajendra Dobhal, learned senior counsel assisted by Mr. Shubhang Dobhal, learned counsel for the petitioner.

2. Mr. Ashish Joshi, learned counsel for the Commission.

3. Heard learned counsel for the parties.

4. It is the case of the petitioner that he intends to apply pursuant to the Advertisement No.A-1/E-3/DR(RO/ARO)/ 2023 dated 08.09.2023 issued by the Commission for the post of Review Officer/ Assistant Review Officer Examination-2023. But, the difficulty is that petitioner has become overage by two years and six months. The upper age limit is 42 year.

5. It is the contention of learned counsel for the petitioner that the recruitment for the said post has earlier been made in the year 2016 and despite there being vacancy on the post advertised, no recruitment process has been conducted by the respondent, which makes the petitioner over age. The petitioner has relied upon the judgment of the Hon'ble Apex Court in the case of Malik Mazhar & another vs. U.P. Public Service Commission and others; reported in 2006 (9) SCC 507 and submitted that the petitioner cannot be

made to suffer on account of the laches of the respondents without there being any fault on the part of the petitioner, which rendered him overage.

6. It is submitted by learned counsel for the petitioner that the examination of the recruitment on the post of Review Officer/Assistant Review Officer has to be conducted by the respondents on every recruitment year. Had that been done by the respondents, the petitioner would have been able to appear in that examination.

7. Learned counsel for the commission prays for and is granted six weeks' time to file counter affidavit.

8. Thereafter, two weeks' time is granted to the petitioner to file rejoinder affidavit.

9. List this matter on 22.11.2023.

10. In the meantime, respondents are directed to admit the application form online/offline of the petitioner, pursuant to the Advertisement No.A-1/E-3/DR(RO/ ARO)/ 2023 dated 08.09.2023 for the post of Review Officer and Assistant Review Officer Examination 2023.

11. Let a certified copy of this order be supplied to learned counsel for the parties, today itself, on payment of usual charges.

(Pankaj Purohit, J.) 29.09.2023 PN