Law:

Section:

(a) Punjab Delegation of Powers (Relaxation of Age) Rules, 1961-------Relaxation in upper age limit for initial recruitment in BS-1 to 17---Powers of Administrative Secretary to grant such relaxation to a prospective candidate---Scope---Secretary having discretion either to grant or refuse to grant such benefit to prospective candidate must exercise same lawfully and in writing supported by cogent reasons after considering facts of initial recruitment to every post in a particular year---Non-exercise of such discretion in a particular year or its exercise without application of mind would reflect poor public administration---Principles. Under Punjab Delegation of Powers (Relaxation of Age) Rules, 1961, the powers have been delegated to the Administrative Secretaries to grant relaxation in upper age limit for all the posts meant for initial recruitment. The Secretaries may or may not grant relaxation of upper age limit, but they have to exercise their discretion whenever initial recruitment takes place. The exercise of this discretion for the sake of transparency and good governance has to be in writing supported by cogent reasons in accordance with law. The discretion vested in the Administrative Secretary determines the upper age limit of a prospective candidate for initial recruitment in a particular year, therefore, exercise of discretion prior to the public advertisement for initial recruitment is essential as it determines and provides the prospective candidate with access to lawful employment. The Administrative Secretary is, therefore, under an obligation to consider to the attending circumstances of an initial recruitment in a particular year and exercise the discretion vested in him under the law. Rules vest discretion in the Administrative Secretaries to grant relaxation in upper age limit in cases of initial recruitment (for non-government candidates) after considering the facts of initial recruitment to every post. This discretion vested in the Administrative Secretaries is for the benefit of the citizens applying for public posts and therefore, it must be exercised in accordance with law. No doubt, it is the prerogative of the concerned Secretary…

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