Vijay Kumar Ghosh vs State Of Jharkhand & Anr on 12 September, 2012

[Cites 1, Cited by 8]

Jharkhand High Court

Vijay Kumar Ghosh vs State Of Jharkhand & Anr on 12 September, 2012

Bench: Narendra Nath Tiwari

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P.(C) No.871 of 2012
        (vijay Kumar Ghosh Vrs. State of Jharkhand & Ors.)
                               with
                   W.P.(C) no.938 of 2012
        (Shankar Singh & Ors. Vrs. State of Jharkhand & Ors.)

        Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

        For the Petitioners           : M/s. V. Shivnath, Sr. Advocate
                                        Gauri Devi, Advocate
        For J.P.S.C.                  : Mr. S. Piprawall, Advocate
        For the State                 : J.C. to A.G.
                              -----

2/12.09.2012

In these writ petitions, the petitioners have sought interference of this Court for quashing the Advertisement no.25/12 dated 07.01.2012, issued by respondent-Jharkhand Public Service Commission(JPSC for short) and directing them to proceed with the process of examination for appointment on the posts of Assistant Public Prosecutor(APP for short) after giving age relaxation up to five years.

It has been stated that by Advertisement no.25/12, JPSC has invited applications from the eligible candidates for holding examination for appointment on the posts of APP. The age limit for general candidates has been fixed as 35 years as on the date of advertisement. It has been stated that the first examination for appointment of APP was held in the year 2006. For the purpose of said appointment, age limit for general candidates was fixed for 35 years. One candidate, namely, Subodh Kumar Jha, aggrieved by the said fixation of age limit, had preferred writ petition being W.P.(S) no.2628 of 2005 seeking direction on the respondents to consider relaxation of age. This Court had directed the State Government for relaxation of age to those candidates, who had crossed maximum age limit.

Learned counsel for the petitioners referred to the said decision in 'Subodh Kumar Jha Vrs. State of Jharkhand & Ors.'[2005(3)JLJR 622] and submitted that since the post has been advertised after lapse of five years, the candidates, who have crossed the age of 35 years, are entitled for age relaxation. It has been submitted that the petitioners have also crossed the age of 35 years and they could not get opportunity to sit in the examination as the examination was not held after 2006.

The respondents have contested the writ petitions. It has been stated, inter alia, that the rule for appointment on the post of APP has been framed and brought into effect by Notification no.3418 dated 27.08.2011 and minimum and maximum age has been fixed for all candidates of all the categories. For general candidates, upper age .2.

limit is 35 years. The JPSC is bound by the said statutory rule, framed under Article 309 of the Constitution of India. The petitioners have crossed the prescribed upper age limit of 35 years and are not eligible for the said examination. They are also not entitled for any age relaxation, on the ground that the examination for the appointment is being conducted after lapse of years from the earlier examination.

Learned counsel, appearing on behalf of the respondents, submitted that in Subodh Kumar Jha(supra), age relaxation was given only on the ground that the examination for appointment of APP was being held for the first time after the State of Jharkhand came into existence, by virtue of the provision of Bihar Re-organization Act,2000. The said decision is not applicable to the fact of the instant cases as examination for appointment of APP has been earlier held after creation of the State of Jharkhand.

I have heard learned counsel for the parties and considered the facts and material on record as well as submissions made by learned counsel for the parties.

In the instant cases, the petitioners, who have crossed the age of 35 years, have prayed for a direction on the respondents to relax the age limit and to allow them to appear in the examination-2012 for appointment of APP. The examination is being conducted by JPSC in accordance with the provisions of the Rules framed for that purpose, namely, Jharkhand Public Prosecutor Service Rule,2011. The said rule, inter alia, provides for the process of selection and prescribes minimum age limit and upper age limit for the candidate. The State Government by its resolution determined the age of 35 years as the upper age limit for appointment of APP of general candidates. The said fact is undisputed and is also evident from Annexures-A & B annexed to the counter affidavit filed by the respondents. The said rule does not prescribe for holding examination for selection or making panel every year. Rule-8 only provides for informing vacancy falling in a particular year.

In Subodh Kumar Jha(supra), decision- was on the given facts. The age relaxation was allowed only because the examination was being held for the first time after about 5-6 years of creation of the State of Jharkhand came into existence by virtue of the provision of Bihar Re-organization Act,2000. The facts of the said case being different, the said decision has no application in the context of the instant cases.

I, therefore, find no ground made out for interfering with the advertisement or directing the respondents to grant age .3.

relaxation to the petitioners.

These writ petitions are, accordingly, dismissed.

( Narendra Nath Tiwari, J.) s.b.

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