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Judgment
Raghvendra Singh Chauhan, CJ
The petitioner has filed the present Writ Petition (PIL) seeking the following reliefs from this Court :
i) Issue a writ, order or direction in the nature of mandamus directing the respondents to initiate the recruitment process for the post of Sub Inspectors and Constables in Police Department at the earliest within stipulated period as deem fit and proper by this Hon'ble Court.
ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to provide age relaxation in the recruitment process for the post of Constables and Sub Inspectors and for the post of Constable the age limit may be prescribed as 18 to 28 years and for the post of Sub Inspector the age limit may be prescribed as 21 to 33 years.
iii) Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
iv) Award cost of the petition.
A bare perusal of the reliefs prayed by the petitioner would clearly reveal that neither of the first two prayers can be granted by this Court by issuance of the writ of mandamus to the respondents.
The first relief relates to the initiation of the recruitment process for the post of Sub-Inspector and Constable in the Police Department. However, it is a settled position of service jurisprudence the issues whether to commence the recruitment process or not? And, whether to take it to its logical conclusion or not, are well within the discretionary power of the employer. Therefore, no mandamus can be issued by this Court.
The second relief relates to directing the respondents to provide age relaxation in the recruitment process for the said posts. However, age relaxation can be provided only by a provision of law. Since, there is no provision of law in the Service Rules governing the post of Sub-Inspector and Constable, and since the judiciary is not empowered to direct the Executive or the Legislature to legislate or to insert a provision of law, even the second prayer cannot be granted by this Court.
For the reasons stated above, this Court does not find any merit in the writ petition. The present WRIT PETITION (PIL) is, hereby, dismissed.
No order as to costs.