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By third requisition dated 10th November, 2003 sent by the Government, PSC was informed that on the basis of recommendations of the High Court, it had been decided to hold selection together for 374 posts on the basis of competitive examination. Thus, the proposal for phased recruitment in the earlier requisitions was given up. An advertisement dated 22-28th November, 2003 was issued by PSC for holding examinations to select candidates to fill 347 vacancies to the posts of Civil Judges (Junior Division). In respect of age limit, clause 5 of the advertisement stated that the candidates must have attained the age of 22 years and must not have attained the age of more than 35 years on 1st July, 2004 i.e. they must not have born before 2nd July, 1969 and not later than 1st July, 1982 but for Scheduled Caste of U.P., Scheduled Tribe of U.P. and Other Backward Class candidates of U.P., the age limit shall be five years more. In the same manner, it was stated that for dependants of freedom fighters of U.P., and for Ex-army Personnel of U.P., the age limit would be five years more. It was further stated in the advertisement that those candidates who were within age on 1st July, 2001 and 1st July, 2002 shall be treated within age for this examination.

Clause 12 of the advertisement states that the Commission may allow any candidate provisionally on summary checking of application but in later stages if it is found that the candidate was not eligible or his application was not fit for admission or he should have been rejected at initial stage, his candidature will be cancelled and his recommendations shall be withdrawn even if he has been recommended.

The preliminary and the main examinations were held and the successful candidates were called for interview between 14th April, 2005 and 26th April, 2005. A learned Judge of Allahabad High Court who was presiding over one of the Interview Boards in a letter dated 26th April, 2005 sent to the Chairman of PSC expressed the opinion that the age requirement benefit of period during which examination could not be held can be given only if statutory rules provide determination of vacancies every year on a particular date and this issue may be examined before declaration of the result. The PSC, after examination of the issue, came to the conclusion that the provision of relaxation in age limit given in the advertisement seems to have been done due to misinterpretation of Rules and, therefore, on 18th May, 2005, it took the following decision:

(1) Due to non-availability of relaxation in age limit on 1st July, 2004, the candidature of the candidates who are over age on 1st July, 2004 are rejected.

(2) Result of the selection from examination be declared excluding the aforesaid candidates.

On 2nd May, 2005 the result of the U.P. Judicial Service, Civil judge (Junior Division) was declared excluding the candidates in terms of the aforesaid decision. The aforesaid decision led to filing of various writ petitions by the excluded candidates before the High Court. The High Court by the impugned judgment held that the basic initiation of the recruitment process was when the first requisition dated 23rd November, 2002 was sent and thus the recruitment year would be 1st July, 2002 to 30th June, 2003. Further it was held that for determining whether a candidate was eligible in that recruitment year it should be assumed that an advertisement pursuant to requisition dated 23rd November, 2002 was issued before 31st December, 2002. In this view, it was held that all candidates who were less than upper age limit according to their category (reserved or unreserved) on 1st July, 2003 would be eligible to appear at 2003 recruitment. However, the candidates who had crossed the upper age limit according to their respective categories upto 30th June, 2003 will not be eligible under the Rules. Those who stand excluded from consideration, though within age limit as per the advertisement, are one set of candidates who have questioned the correctness of the impugned judgment. The correctness of the judgment has also been challenged by PSC and those candidates who were eligible from the age criteria as on 1st July, 2004. They contend that on due application of the rules, the candidates who were less than the upper age limit according to their respective categories on 1st July, 2004 alone were eligible to appear in the process of recruitment and that the conclusion of the High Court extending the benefit to those who were less than the age limit as on 1st July, 2003 is erroneous. The question is as to the interpretation of the Rules framed in exercise of the power conferred by the Article 234 and proviso to Article 309 of the Constitution of India, upon the Governor of Uttar Pradesh in consultation with PSC and the High Court of Judicature at Allahabad. The year of recruitment is defined in Rule 4(m) which states that in these rules unless the context otherwise requires  'year of recruitment' means a period of twelve months commencing from the first day of July of the calendar year in which the process of recruitment is initiated by the appointing authority. Rule 4 (m) reads as under: