In a significant development, the Uttarakhand High Court in Nainital has removed a major legal hurdle, allowing the state government to proceed with the finalisation of recruitment for 2,000 police constables. The court vacated an interim stay order that had kept the entire process in limbo for several months.
Court's Ruling on Age Relaxation and State's Authority
Justice Manoj Kumar Tiwari, presiding over the case, delivered a clear verdict, emphasising that the judiciary cannot grant age relaxations to candidates after a selection process has been concluded. The bench underscored that the power to set eligibility criteria, including age limits for public posts, rests solely with the state government as the employer. Furthermore, the authority to relax recruitment rules is an executive function and cannot be exercised by the court under Article 226 of the Constitution.
The court specifically vacated the interim order dated February 27, 2025, which had prevented the state from declaring the final results. In its directive, the court stated, "The respondent authorities shall be at liberty to declare the result and issue letters of appointment to the selected candidates, as per law."
Petitioners' Argument and State's Counter
The petition was filed by several aspiring candidates who had crossed the maximum age limit of 22 years set for Group C positions in the District Reserve Police and Reserve PAC/IRB (male). Their core argument centred on the infrequency of police recruitment drives in Uttarakhand. The petitioners pointed out that since the state's reorganisation, constable recruitment has occurred only three times: in 2014, 2021, and the current 2024 cycle. They contended that this prolonged gap and "inaction" by the authorities had rendered them overaged and ineligible to serve.
The state government, represented by Chief Standing Counsel C S Rawat and government lawyer Pradeep Hairiya, strongly opposed the plea. Officials highlighted a critical shortage of personnel in the Civil Police and Provincial Armed Constabulary (PAC). A crucial point raised was the impending 2027 Kumbh Mela in Haridwar, which necessitates an immediate bolstering of the police force. The state argued that further delays were detrimental, as selected candidates require a full year of training before they can be deployed on active duty.
Legal Principles and Final Decision
The High Court found merit in the state's arguments. Justice Tiwari's bench laid down several key legal principles in its ruling. It noted that the petitioners had failed to legally challenge the recruitment advertisement or the specific cut-off dates for eligibility when the process was announced. The court also observed that while the petitioners cited a 2007 government order regarding regular recruitment, such orders are for "guidance" and do not hold the same weight as enforceable law.
Ultimately, since the selection process for the 2,000 vacancies was already complete, the court deemed it "too late in the day" for the candidates to seek relief through age relaxation. This decision clears the path for the Uttarakhand Police to urgently fill these vital positions, addressing both the existing personnel deficit and the security needs for the massive 2027 Kumbh Mela congregation.
