Tribune News Service
Chandigarh, September 3
Candidates cannot claim as a matter of right relaxation in upper age limit merely because the Chief Minister tweeted in this regard, the Punjab and Haryana High Court has held.
The ruling by a Division Bench of Justices Rajan Gupta and Karamjit Singh came in a case where the appellant-candidates were seeking upper age relaxation to apply for police sub-inspectors’ post, among other things, on the basis of Punjab CM’s tweet.
“The appellants cannot seek relaxation in upper age limit as a matter of right just on the ground that the Chief Minister, Punjab, had tweeted on July 12, 2020, that in the coming days maximum age for recruitment to the posts of sub-inspector will be increased from 28 to 32. The maximum age limit can be increased above 28 years only by amending the rules as per the procedure prescribed under the law,” it ruled.
Referring to a reply by the state of Punjab and other respondents, the Bench observed the age limit prescribed in an advertisement dated July 6 was based on Rule 12.6 of the Punjab Police Rules, prescribing 28 as the upper age limit. Admittedly, the petitioners-appellants had not invoked the High Court’s writ jurisdiction to challenge the said rules.
The Bench also added the Delhi HC judgment in Najma’s case, referred to by the appellants, was of no assistance as the facts and circumstances were totally different. The CM concerned in that case had made certain promises in a press conference that the government would pay rent on a tenant’s behalf if he was unable to do so due to poverty.
The Delhi HC observed it amounted to an enforceable promise, the implementation of which ought to be considered by the government. But relaxation sought in the present case could not be given without amending the rules. Such an amendment could be made collectively by the Council of Ministers and not solely by the Chief Minister.
Cannot claim age relaxation on Punjab CM’s tweet, reasserts court
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