Jasvinder Kaur & Anr v. Union of India & Ors

1. This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:-

2. The petitioner has challenged the recruitment notification No. F.1(249)P&P-1/DSSSB/2024/Adv./4388) issued on 12.01.2024 for the post of Nursing Officer setting the maximum age limit of 30 years.

3. According to the petitioners, after having prepared for this post for over five years, found themselves ineligible as their age exceeded the specified limit and despite the previous recruitment rules allowing the candidates upto 32 years, this particular notification has been issued whereby the maximum age limit for the post of Nursing Officer has been limited to 30 years.

4. The petitioners also submit that on 19.10.2023, the Delhi Government had revised the recruitment rules with maximum age limit of 30 years. The petitioners submit that the Central Government Recruitment Rules for similar positions have retained the age criteria at 35 years and on that basis, the petitioners submit that since the change in the Recruitment Rules, prescribing the age limit of 30 years for the post of Nursing Officer, deprives the petitioners from the right to even consideration for such post, the said notification be quashed as the petitioners be given one time age relaxation to 32 years.

5. Learned counsel appearing for the petitioners submits that the Government can consider relaxing the age limit from 30 years to 32 years and this Court can exercise its jurisdiction under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondent-Government to increase the age limit to 32 years for the post of Nursing Officer.

6. At the outset, it is observed that the Government of NCT of Delhi had by its notification dated 06.07.2023 had revised the Recruitment Rules in respect of the Nursing Officer and the age limit for the direct recruits was sought at not exceeding 30 years. It is observed from the records that the petitioners have not even challenged the said Recruitment Rules which were notified on 06.07.2023.

7. That apart, the petitioners have sought a direction, which according to this Court too cannot be passed, inasmuch as the direction to increase or decrease the age limit as an essential criteria for purposes of recruitment to any civil post in a Government service, is within the policy decision of a particular Government, and not available to this Court to make any such directions.

8. This Court is fortified in its view by the judgment of the Supreme Court in Rachna and Others vs. Union of India and Another reported in (2021) 5 SCC 638 apart from the judgment of this Court in Bipin Nagar and Others vs. Office of the Principal District and Sessions Judge Headquarter Delhi and Others bearing W.P.(C) 1731/2024 rendered on 06.02.2024 by relying upon the aforesaid judgment of the Supreme Court.

9. The relevant portions of the judgment of Rachna (supra) are extracted hereunder:-

10. Ms. Kaushik has also handed over the bench, the judgment of the learned Division Bench of this Court in Amant Kumar and Others vs. The Commissioner of Police and Others bearing W.P.(C)14022/2023 and batch rendered on 07.11.2023 whereby the issue of age relaxation was repelled.