SIDDHARTH SHARMA AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/14068/2025 · 2025-09-17
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[ 2025 DAILYLAW 192218 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192218 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14068 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
1. Heard Sri Aniruddh Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the respondents to provide age relaxation to the petitioner in Sub-Inspector Civil Police Direct Recruitment 2023 at par with advertisement of the year 2024 that took place after impact of Pandemic Covid-19 was over. Reference is sought to be made of advertisement of sub inspector partal of jail department in which age relaxation has been granted as a matter of policy by the State Government. It is thus pleaded that petitioner has been discriminated against. 3. Per contra, it is argued by learned Standing Counsel that insofar as the policy decision was taken in the matter of Sub-Inspector to provide age relaxation in the year 2024 that has nothing to do with the advertisement in question. It is also argued that petitioner was in any manner if aggrieved by the advertisement prescribing particular age for the purposes of selection and appointment on the post of Sub-Inspector, he ought to have approached the Court in the year 2023 itself while he was aware that in a similar set of facts in respect of other departments age relaxation was granted. 4. It is contended that when the last date for submission of application form is already over and relevant clause of advertisement prescribing for the age is not under challenge, this Court may not interfere in exercise of its jurisdiction under Article 226 of the Constitution. 5. Learned Standing Counsel has also placed reliance upon the recent order of a coordinate Bench of this court in which age relaxation in general has been denied, it being a matter of policy, exercise of power under Article 226 of the Constitution is not called for. Versus Counsel for Petitioner(s) : Aniruddh Pandey Counsel for Respondent(s) : C.S.C. Siddharth Sharma And 3 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
6.
Having heard learned counsel for the respective parties and having perused the records, I find that petitioner seeks parity in respect of age relaxation granted by the State Government in matters of Sub Inspector in the year 2024 advertisement and subsequently. 7. In my considered view, petitioner could have approached this Court questioning the advertisement when it was published and while he was aware that particular relaxation in age was granted in the matter of sub Inspector recruitment qua other advertisement. Now, when the last date of filling up the application form is already over and the advertisement being not under challenge, I see no justification to interfere with the age prescribed under the advertisement. 8. The Court is also of the considered view that age relaxation is a matter of policy to be granted by the State Government and unless and until it is demonstrated by questioning the advertisement itself then non grant of age relaxation would be termed as an inequitable act at the end of the State, this Court, therefore, would not interfere in such matters. 9. Insofar as the age relaxation granted requiring applications for recruitment of Sub-Inspector under the order of Supreme Court is concerned, that is a one time measure of age relaxation granted to the specific category under the directions issued by the Supreme Court and hence, I see no justification to draw any parity with those cases in the present case. 10. A coordinate Bench of this Court in a recent order in the case of Ajay Kumar Yadav and another v. State of U.P. and others, 2022 SCC OnLine All 547, has held that in matters of policy decision taken by the State Government provide for age relaxation for a particular recruitment in a particular recruitment year cannot be a ground to seek parity. 11. In view of the above, writ petition fails and is accordingly, dismissed.
September 18, 2025 Atmesh WRIA No. 14068 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad