Saurabh Malik
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, a Division Bench of the Punjab and Haryana High Court has held.
The ruling by the Bench of Justice Rajan Gupta and Justice Karamjit Singh came in a case where the appellant-candidates were seeking upper age relaxation to apply for police sub inspectors’ posts, 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 Chief Minister, Punjab, had tweeted on July 12, 2020, that in the coming days maximum age for recruitment to the posts of sub-inspectors would be increased from 28 years to 32 years. The maximum age limit could be increased above 28 years only by amending the Rules as per the procedure prescribed under Law,” the Bench ruled.
Referring to a written reply by the State of Punjab and other respondents, the Bench observed that the age limit prescribed in 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 Delhi High Court judgment in Najma’s case, referred to by the appellants, was of no assistance as the facts and circumstances were totally different and distinguishable. The Chief Minister 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 High Court observed it clearly 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 amendment could be made collectively by the Council of Ministers and not solely by the Chief Minister. As such, the Court could not issue direction or Mandamus just on the basis of the Chief Minister’s Tweet.
Dismissing the appeal after referring to the other contentions raised by the appellants, the Bench added: “We are not inclined to issue any such direction to the authority concerned to exercise its discretion to relax the upper age limit for the posts of sub-inspectors, the reasons being this Court cannot act as a rule making authority or legislate to increase the upper age prescribed under the rules.”
Can’t claim age relaxation as a matter of right just because CM tweeted: Punjab and Haryana HC
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