Neutral Citation No. - 2025:AHC-LKO:8284 Court No. - 6 Case :- WRIT - A No. - 1415 of 2025 Petitioner :- Amit Singh And Another Respondent :- State Of U.P. Thru. The Prin. Secy. Home And 2 Others Counsel for Petitioner :- Vinay Misra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Vinay Misra, learned counsel for the petitioner and Ms. Deepshikha, learned Chief Standing counsel on behalf of the respondents. 2. The petitioners are ex-servicemen and had served in armed forces for about two decades and presently seeking to participate in the selection process of Constables in U.P. Police as per advertisement dated 23.12.2023. It has been stated that 3000 posts are reserved for ex-servicemen and during the recruitment process all the candidates have to undergo physical efficiency test where male candidates have to qualify 4.80 kms. run in 25 minutes. It has been stated that the petitioners have been given relaxation in age for participating in the said recruitment and are aged about 40 to 42 years and accordingly the petitioners cannot compete with the candidates who are 20 years younger than them. He has further submitted that as far as the recruitment process in the Central Government is concerned, especially in Central armed forces, SSC(GD), Assam Rifles and Sepoy in Narcotics Control Bureau where clause 11.3 of the said advertisement provides relaxation to ex- servicemen from physical efficiency test. It is stated that exemption granted by Central Government should be extended to the petitioners for participating in the recruitment for the post of Constables in U.P. Police. 3. Ms. Deepshikha, learned Chief Standing counsel, on the other hand, submits that the process for recruitment is under process and qualification for recruitment of the post of Constable is the discretion of the appointing authority and as far as U.P. is concerned the same are conducted in accordance with various rules where there is no provision for relaxation for appearing and participating in the physical efficiency test for any candidate including an ex-serviceman. It is further submitted that ex-serviceman are granted age relaxation which has already been granted to the petitioners but any further relaxation can be granted only when there is provision in this regard made in rules. It is further submitted that in absence of any rule in this regard the petitioners cannot be granted relaxation for appearing in physical efficiency test. 4. Apart from the above, it is noticed that the recruitment process has already been initiated in the year 2023 and the petitioners were fully aware of the process of recruitment when they have applied for the said recruitment and in the middle of the recruitment process they have filed the present writ petition seeking relaxation and in the conditions of recruitment and accordingly prays for dismissal of the writ petition. 5. I have heard the rival contentions and perused the record. 6. The grievance of the petitioners raised in the present writ petition pertains to exemption from participating in the physical efficiency test of the persons who are ex-servicemen having been previously employed in Indian Army and other para military forces. 7. It is stated that they have been granted age relaxation and are in the age bracket of 40- 42 years while other candidates who are appearing in the said examination are between the age group of 18 to 20 years and minimum age for the recruitment is 18 years and in case the petitioners are to compete and participate in physical efficiency text their merit has to be considered during 4.8 kms. run where certainly the persons of lesser age are in all probabilities and all likelihood perform better than the petitioners. 8. There is no dispute that there is no provision in this regard with regard to recruitment of Constables in U.P. Police. It is stated that similar provisions does exist for recruitment in various Central Government services but the issues pertaining to qualification and eligibility are exclusively within the domain of the State Government. The Courts while judicially reviewing any such question are guided by the provisions contained in the relevant rules and ensure that the respondents conduct recruitment process only in accordance with the rules and it is not the domain of this Court to prescribe any special or particular condition or eligibility for any candidate or direct the Government to relax a particular rules unless the same is violative of any rule, enactment or Constitution. Relaxation can be granted to ex-servicemen for participating in the recruitment process for Constables is an issue which is exclusively within the discretion and domain of the State Government. 9. There is no dispute that at present there is no provision for granting such relaxation and consequently no direction in the present circumstances can be issued by this Court directing the State Government to grant relaxation to the petitioners for participating in physical efficiency test as prayed. 10. Accordingly, we do not find any merit in the grievances raised by the petitioners. The petition being without merit is dismissed. 11. However, it is open for the petitioners to approach the State Government for redressal of their grievances, if they so choose. (Alok Mathur, J.) Order Date :- 10.2.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench