Age Relaxation Can't Be Claimed On The Basis Of Chief Minister's Tweet: Punjab & Haryana HC

KEY TAKEAWAYS

• In a case before Punjab and Haryana High Court, the petitioners sought upper age relaxation to apply for police sub-inspectors’ post based on Punjab CM’s tweet.
• The court held that upper age limit can be increased only by amending the rules as per the procedure prescribed under the law, collectively by the Council of Ministers, not merely because of the CM’s tweet.

CASE BACKGROUND

• The petitioners had filed the writ petition praying to give age relaxation to them for applying against the posts of Police Sub Inspectors.
• A further prayer was made to consider the period from 15-03-2020 till further orders as ‘Zero Period’ and also allow the petitioners to provisionally appear in the examination for the above-said posts.
• The case relied upon on the official tweet of the CM of Punjab stating increase from 28 to 32 in recruitment age for DSPs and Sub Inspectors will be made in the coming days.
• More so, since no posts were advertised since 2016 for which petitioners would have been eligible, they submitted to be permitted to apply for the same.

COURT’S OBSERVATION

• The court held that plea for age relaxation merely because since 2016, no recruitment process had been initiated by the Govt, holds no validity.
• It is the decision of the ‘employer’ whether to fill up the vacancies depending upon the public need, budgetary provision etc. There was no legal obligation on the part of the State to fill up the vacancies immediately.
• Furthermore, relaxation sought cannot be given without amending the rules, based on Chief Minister’s tweet.

ORDER OF THE COURT

• The petition was dismissed holding petitioners cannot claim extension in the upper age limit by taking the plea of COVID situation.
• There is no legal right to allege that the inaction of the Department in this regard could be termed as violation of any right.

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