Summary
Under the U.P. Child Development and Nutrition Service Rules, 1992, half the posts of Mukhya Sevika are filled from Anganwadi workers with ten years' service who have not crossed 50. An Anganwadi worker serving since 1987 who was over 50 sought age relaxation under the U.P. Age Relaxation Rules, 1992. The High Court directed the State to consider her claim, and the State rejected it twice, as the honorary post of Anganwadi worker is not regular government service. The Division Bench dismissed the State's appeal. The Court held that the Governor's power under Rule 3 of the Age Relaxation Rules is discretionary, giving no vested right. The State had applied the 50-year limit uniformly to some 70,000 eligible workers for 975 posts. Selective relaxation from a uniform criterion would make the selection arbitrary. The appeal was allowed and the writ petition dismissed.
Issues
- Whether an Anganwadi worker who had crossed the upper age limit of 50 for recruitment as Mukhya Sevika could claim age relaxation under Rule 3 of the U.P. Public Services (Relaxation of Age Limit for Recruitment) Rules, 1992 as of right.
Provisions considered
- Rule 3, Uttar Pradesh Public Services (Relaxation of Age Limit for Recruitment) Rules, 1992The rule gives the Governor a discretion to relax the maximum age for a candidate or class of candidates. It confers no enforceable right, and the State's considered refusal stood. (¶¶ 7, 12, 15)
- Rule 5(4)(ii) read with Rule 15B, Uttar Pradesh Child Development and Nutrition (Subordinate) Service Rules, 1992For the Anganwadi-worker quota, the rules fix an upper age limit of 50 years on the first day of the recruitment year. The State applied it uniformly to all applicants. (¶¶ 4, 13, 14, 15)
Held
- Rule 5(4) provides two sources for Mukhya Sevika: competitive examination, and selection from Anganwadi workers with High School, ten years' continuous service and under 50 years of age. The respondent admittedly exceeded the age limit on the relevant date. (¶¶ 4, 6, 13)
- Rule 3 of the Age Relaxation Rules vests in the Governor a discretion to relax the maximum age. On the High Court's direction, the State considered the respondent's representation twice and declined relaxation, noting that the honorary post of Anganwadi worker is not regular government service. (¶¶ 11, 12, 15)
- No candidate has a vested right to age relaxation, which lies in the appointing authority's discretion, or to exemption from a uniformly applied eligibility criterion. With about 70,000 eligible workers for 975 posts held to the same 50-year limit, selectively relaxing it for one candidate would prejudice the selection and make it arbitrary. (¶¶ 14, 15)
Result
Appeal allowed. The Division Bench's judgment is set aside and the respondent's writ petition is dismissed.