Case Law Details
Selection and appointment on the post of Civil Judge (Entry Level) has to be made in accordance with the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006.
1. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein has filed this writ petition seeking a writ, commanding the Public Service Commission to implement circular dated 17.12.2015 to the advertisement dated 16.12.2015 issued for selection for the post of Civil Judge (Entry Level).
2. The Chhattisgarh Public Service Commission has issued advertisement dated 16.12.2015 inviting applications from eligible candidates (Law graduates from recognised University) for selection and appointment to the post of Civil Judge (Entry Level).
3. Case of the petitioner is that State Government by its circular dated 17.12.2015 has taken a policy decision that in direct recruitment of the State Services, permanent residents of the Chhattisgarh shall be given one time age relaxation of five years for the year-2016. It is further case of the petitioner that the petitioner being a permanent resident of the State of Chhattisgarh is entitled for further age relaxation of five years for the post of Civil Judge (Entry Level) which has been advertized on 16.12.2015. Therefore, appropriate writ be issued to the Public Service Commission to grant maximum age relaxation to the petitioner up to the age of 45 years.
4. Mr. Mateen Siddiqui, learned counsel appearing for the petitioner, would submit that petitioner being a Schedule Caste category candidate and being the permanent resident of Chhattisgarh is entitled for maximum age relaxation up to 45 years and additionally, petitioner is also entitled for relaxation in maximum age limit for the number of years he has served as Shiksha Karmi, as per circular of the State Government, and as the petitioner has served for 3 years as Shiksha Karmi, therefore he is entitled for 3 years age relaxation in maximum age limit. He would further submit that due to arbitrary non-implementation of mandatory provision/circular, legitimate right of the petitioner has been taken away by the respondent, and the petitioner is unable to submit his application for the post of Civil Judge (Entry Level) which has resulted in violation of his right guaranteed under Articles 14 and 16 of the Constitution of India.
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