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Allahabad High Court fixes age limit for recruitment of Sub-Inspector

Despite the undertaking given by the Uttar Pradesh government before the Supreme Court in the case of Manish Kumar vs Union of India and Others, the post of Assistant Sub-Inspector of Police was not advertised in 2018, 2019 and 2020, therefore, the petitioners became overage, as per Clause 3.4 of the Advertisement dated March 23, 2021

The Allahabad High Court has passed an interim order to fix the age limit for applying in the recruitment process of Sub-Inspector on July 1, 2018.

A Single-Judge Lucknow Bench of Justice Chandradhari Singh passed this order on Wednesday, while hearing a petition filed by Abhishek Mishra and Others.

The Counsel for the petitioners submitted that inspite of undertaking given by the Principal Secretary (Home), Government of Uttar Pradesh before the Supreme Court in the case of Manish Kumar vs Union of India and Others, the post of Assistant Sub-Inspector of Police was not advertised in 2018, 2019 and 2020, therefore, the petitioners became overage as per Clause 3.4 of the Advertisement dated March 23, 2021.

It is further submitted that all the petitioners were to apply for the post of Assistant Sub-Inspector (Accounts) in the advertisement.

A similar issue was also raised by some candidates, who were to apply for the post of Constable, before the Supreme Court in the case of Rajendra Singh & Ors vs the State of UP & Others, which was disposed of on June 13, 2018, mentioned the plea.

The Counsel for the petitioners said that if the advertisements would have been issued in the appropriate years as per the aforesaid direction of the Supreme Court, all the petitioners would be eligible to apply for the post of Assistant Sub-Inspector (Accounts), which for the present day they are not.

The last date for submission of the application forms as per the advertisement is July 15, 2021, said the petition.

Additional Chief Standing Counsel P.K. Singh vehemently opposed the submissions made by the petitioner’s Counsel as well as the contentions of the writ petition and submitted that the advertisement is as per the rules. He prayed for time to file a counter affidavit.

The Bench said after hearing the parties and perusal of the record, he finds substance in the argument of the petitioner.

The petitioner’s application forms for the post of Assistant Sub-Inspector (Accounts), who would be within the eligible limit as on July 1, 2018, should be accepted by the respondents on a provisional basis and the petitioners may be included in the recruitment process, but their result shall not be declared without leave of the Court, the Bench ordered.

Also Read: Are we deaf to the Supreme Court?

This order has been passed in view of the urgency that the last date for acceptance of the application forms is July 15, 2021, said the Court, while directing the State to file a counter affidavit within four weeks.

Rejoinder affidavit, if any, shall be filed within two weeks thereafter, directed the bench and fixed the matter for September 9, for further hearing.

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