The Delhi HC Bench comprising Justices Suresh Kumar Kait and Neena Bansal directed the government to declare an age relaxation of two years for the post of Sepoy Pharma in the Indian Army as a one time measure. The bench was hearing the present petition which sought the issuance of writ of Mandamus directing the government to allow age relaxation of three years for the post of Sepoy Pharma.

In the matter at hand,an advertisement was published by the Indian Army calling for applications in an online mode from male aspirants for the selection process for the following posts:

1) Soldier Technical

2) Nursing Assistant/ Nursing Assistant Veterinary

3) Nursing Assistant/ Nursing Assistant Veterinary

4) Sepoy Pharma

The applications were to be submitted from February 16, 2023 to March 15, 2023. The petitioners claimed that even though they are eligible for the position they are overaged for the selection process. Resultantly, the present petition was filed.

It was submitted on behalf of the respondents that the petitioner did not apply for the positions advertised in 2022 and additionally due to the Covid- 19 pandemic the selection process had to be adjourned from time to time.

It was submitted on behalf of the petitioners that the selection process to fill up the concerned post happened for the last time in 2019. After that the advertisement was published in early 2021 but was later cancelled and then it was published again in late 2021 but that too was postponed. That is why the petitioner wishes for the age relaxation in the recruitment drive. It was submitted that the required age qualifications are from the age of 19 to 25 but since the recruitment drive did not take place for some time the petitioner has now become overaged.The petitioner put forth before the court that such age relaxations have been granted before due to the pandemic for posts in the Indian Army.

The high court observed that the appointments in the concerned post were made for the last time in 2019 and after that the appointments for the post in 2020, 2021, and 2022 were not made and the vacancies were not posted on the National Career Services on time as mandated by the Department of Personnel and Training.

The court observed that the petitioner should not be deprived from pursuing his dreams of getting a post in the Indian Army because of non advertisement of the vacancies and also because the petitioner fulfills the eligibility criteria.

In the light of the aforementioned the court directed the government to declare an age relaxation of two years for the post of Sepoy Pharma in the Indian Army as a one time measure and asked for the date of inviting applications to be extended.

CASE: NITISH KUMAR V. UNION OF INDIA 

W.P. (C) 2977 OF 2023