Law:

Section:

(a) Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976----R. 3(v)--- Police Order (22 of 2002), Art. 7(3)--- Police service---Non-applicability of Rule 3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976 to advertised post of police service---Special law on a subject prevailing over general law on the same subject---Scope---Posts of Assistant Sub-Inspectors (ASIs) were advertised and one of the conditions laid down therein related to age limit of candidates i.e. between 18 and 25 years of age---Appellants, who were serving police officers, contended that they fulfilled all the conditions for the advertised posts except for the condition of upper age limit of 25 years; that according to Rule 3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, period of their continuous Government service was to be excluded from the upper age limit prescribed for the advertised posts; that Rule 3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, began with the non obstante clause "Notwithstanding anything to the contrary contained in any rules applicable to any post or service" , therefore, said Rules also applied to police officers---High Court dismissed constitutional petition filed by the appellants on the grounds that in the presence of special law i.e. Police Order 2002 and the Rules framed thereunder, general law i.e. Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976 would not apply, therefore, appellants were not entitled to receive benefit of the said Rules---Validity---Recruitment to various posts in the police service was to be made under the special law i.e. Police Order 2002---Article 7 of Police Order 2002 related to the recruitment of various ranks, including Assistant Sub-Inspector---Non-obstante clause in Rule 3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, which read "Notwithstanding anything to the contrary contained in any rules applicable to any post or service", referred to the Rules which were applicable to the post or service in question---Punjab Civil Servants…

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