IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.15690 of 2007(O&M) Date of Decision: 8.2.2008 Parveen Kumar Aggarwal and others Petitioners Versus Punjab and Haryana High Court, Chandigarh and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri Hariom S.Attri, Advocate for the petitioners Jasbir Singh, J. (Oral) C.M. No.2259 of 2008 At the time of hearing of this application, on request made by counsel for the petitioner, date in CWP No.15690 of 2007 is preponed from 21.4.2008 to today and is taken up on board for hearing. CWP No.15690 of 2007 The petitioners are prospective candidates for Haryana Superior Judicial Service. By filing this writ petition, they have laid challenge to the provisions of Rule 11(c) of the Haryana Superior Judicial Service Rules, 2007 (Annexure P/1). The above said rule reads thus:- “11(c) must have attained the age of thirty five years and have not attained the age of forty years on the 1st day of the year in which the applications for recruitment are invited.” It is contention of the petitioners that fixing of the date is arbitrary and it is to the detriment of maximum number of candidates. However, at the time of arguments, counsel has failed to show us as to how Civil Writ Petition No.1755 of 2008 the rule in question violates any provisions of the Constitution of India or any of the Statute, on the basis of which it can be said to be unreasonable and arbitrary. To conduct examination, cut off date to determine lower or higher age limit has to be fixed. It is an administrative function. While fixing such date, convenience of all the candidates cannot be kept in mind. When date is fixed, some candidates will definitely feel aggrieved and this is no reason to interfere at the instance of the prospective candidates. Similar matter came up for consideration before Hon’ble Supreme Court in Dr.Ami Lal Bhat v. Rajasthan and others, Air 1997 Supreme Court 2964, wherein while dealing with the similar controversy, it was observed thus:- “In the present case, the cut off date has been fixed by the State of Rajasthan under its Rules relating to various services with reference to the 1st of January following the year in which the applications are invited. All Service Rules are uniform on this point. Looking to the various dates on which different departments and different heads of administration may issue their advertisements for recruitment, a uniform cut off date has been fixed in respect of all such advertisements as 1st January of the year following. This is to make for certainty. Such a uniform date prescribed under all service Rules and Regulations makes it easier for the prospective candidates to understand their eligibility for applying for the post in question. Such a date is not so wide off the mark as to be construed as grossly unreasonable or arbitrary. The time gap between the advertisement and the cut off date is less than a year. It takes into account the fact that after the advertisement, time has to be allowed for receipt of applications, for their 2 Civil Writ Petition No.1755 of 2008 scrutiny, for calling candidates for interview, for preparing a panel of selected candidates and for actual appointment. The cut off date, therefore, cannot be considered as unreasonable.” Same is the ratio of the judgment of the Hon’ble Supreme Court in Union of India and another v. Sudhir Kumar Jaiswal, AIR 1994 Supreme Court 2750. In this case also, the petitioners have not alleged any mala fide in fixing the cut off date to determine age of the eligible candidates nor can that be a ground to lay challenge to the aforesaid rule of the Haryana Superior Judicial Service Rules,2007, which have been framed under proviso to Article 309 of the Constitution of India and hence legislative in nature. Any provision of such like rules is not liable to be struck down unless shown to be palpably arbitrary. In view of the above, no case is made out for interference. Dismissed. Copy of the order be given dasti on payment of usual charges. (Jasbir Singh) Judge February 08, 2008 (Jaswant Singh) gk Judge 3