Nafr High Court · 2025

Legal Reasoning

:- Mr. Sushil Sahu, Advocate For State :- Ms. Shailja Shukla, Dy. G.A. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board

07.01.2025

1. By way of this writ petition, the petitioners have prayed for following reliefs:- “10.1. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the present petitioners to participate in the Constable Recruitment Chhattisgarh Police Exam 2023-24 while granting them the age relaxation.

10.2. That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate as per the facts & circumstances of the present case.”

2. Facts of the case in brief are that the petitioners are Ex-Army Servicemen and rendered their services to the nation as Army Men for considerable period of time. After serving the prescribed services, the petitioners got retired from the Army and as per the prevailing rules, the persons who got retired after serving the Army are entitled for the various benefits including the age 3 relaxation for the purpose of recruitment against the post in the government civil side. The Government of Chhattisgarh invited the applications for the post of Constable Recruitment through Chhattisgarh Police Exam 2023-24, by way of advertisement dated 20.10.2023 and as per the condition of the advertisement, the Ex-Army Servicemen are entitled for the age relaxation as per the directions made by way circular issued by the State Government in this regard. The petitioners have participated in the aforesaid examination and being the ex-servicemen, they had expectations that they will be got selected in the aforesaid examination. The respondent authorities issued the admission card for the purpose of physical fitness test to the present petitioners and date for physical test is also mentioned in the admission cards and when the petitioners appeared for the physical fitness test, shockingly they were not allowed by the respondent authorities to appear in the aforesaid physical fitness test necessary for the recruitment and the Examination Conducting Officer for the relevant district/unit has orally rejected the candidature of the petitioners on the ground that the petitioners are not entitled for the age relaxation, which the petitioners are claiming being the Ex-Army Servicemen and the respondent authorities orally made a reference of one Standard Operation Procedure (SOP) of the Department while holding the petitioners ineligible for the abovementioned examination, however no any such document was ever been shown to the 4 petitioners. It is pertinent to mention here that no written order or directions has been issued by the respondent authorities to not to conduct the physical fitness test of the present petitioners. Thereafter, the petitioners filed representation dated 28.11.2024 to the respondent no.1 and in details the petitioners narrated that how they have been excluded illegally & arbitrarily from the recruitment process. Till date, the said representation has not been decided. Hence, the present petition.

3. Learned counsel for the petitioners submits that petitioners are seeking relaxation of age as they are retired army personnel, as such, they are required to be considered. He submits that the circular dated 03 August, 2024 issued by the State Government is as clear as crystal in this regard and the respondent authorities itself violates the mandate of circular dated 03 August, 2024 (Annexure P/4) which clearly provides the age relaxation to the Ex-Army Servicemen who are seeking the re-employment against the civil post in the State Government. He further submits that while rejecting the candidature of the petitioners, the respondent authorities has not pass any written order to communicate the exact reasons for the rejection and in the absence of reasons, the action of the respondent authorities are illegal and are liable to be set-aside.

4. Learned counsel for the respondents submits that according to Chhattisgarh Police Executive Force Constable (Recruitment and Conditions of Service) Rules,2007, the petitioners cannot claim 5 benefit of ex-servicemen as they were retired prior to more than three years from the date of applying for recruitment as Police Constable or for any other recruitment process. Accordingly, there is no scope in this petition and this petition is liable to be dismissed.

5. I have heard learned counsel for parties and perused the documents available in record.

6. Considering the facts and circumstances of this case and further considering the Rules of 2007 as laid down by State. Since the petitioners have applied for the recruitment process after three years of their retirement from Army service, as such, according to the Rules of 2007, they are not entitled for age relaxation as claimed by them hence, no relief can be granted to the petitioners. However, the petitioners may challenge the Rules of 2007, if so desire.

7. Accordingly, this petition stands dismissed with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha