Jharkhand High Court
Krishna Jee Prasad vs Personnel And Adminis Reform on 24 March, 2015
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1946 of 2014
Krishna Jee Prasad S/o Late Ganesh Prasad, R/o Adityapur,
House No. 26/214, Road No. 21, P.O. and P.S. Adityapur, District
SeraikellaKharsawan ... ... Petitioner
Versus
1.The State of Jharkhand through the Principal Secretary,
Department of Personnel, Administrative Reforms & Rajbhasa,
Government of Jharkhand, Ranchi
2. Jharkhand Public Service Commission through its Chairman,
Ranchi ... ... Respondents
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Milan Kumar, Advocate
For the RespondentState: Mr. Shahdab Bin Haque, J.C. to G.P.I
For J.P.S.C. :Mr. Sanjay Piprawal, Advocate
...........
03/24.03.2015Seeking quashing of Notification dated 25.06.2013 and Notification dated 12.09.2013, the present writ petition has been filed. A direction to the respondents to conduct a special/fresh Civil Services Examination for unsuccessful candidates of 1st and 2nd Jharkhand Public Service Examinations has also been made in the present writ petition.
2. The brief facts of the case are that, for the 1st J.P.S.C. Examination, an Advertisement was issued in the year, 2003 and the cutoff date was fixed 01.08.2003. For the 2nd J.P.S.C. Examination, an Advertisement was issued in the year, 2006 and the cutoff date was fixed 01.08.2004. Similarly, for the 3rd and 4th J.P.S.C. Examinations, the cutoff dates were fixed 01.08.2005 and 01.08.2006 respectively. However, for the 5th J.P.S.C. Examination for which the Advertisement was published in the year, 2013, the cutoff date was fixed 2 01.08.2009. Earlier, W.P.(PIL) No. 3594 of 2011 titled "Budh Deo Oraon Vs. State of Jharkhand and Others" was filed challenging the 1st and 2nd J.P.S.C. Examinations and this Court found the entire selection process tainted and hence, the matter was handed over to the Central Bureau of Investigation. In the writ petition filed by the "Adivasi Chhatra Sangh" (W.P.(C) No. 4301 of 2013), this Court observed that the respondentauthorities are required to consider the representation in terms of policy of the Government. In W.P. (PIL) No. 6824 of 2013, this Court permitted the individual candidates to approach the authorities. It is stated that, though for the 4th J.P.S.C. Examination, the upper age limit for the General Category candidate was 40 years, for the 5th J.P.S.C. Examination, the upper age limit has been reduced from 40 years to 35 years which has adversely affected the petitioner and other similarly situated candidates. In other States, upper age limit has been enhanced from 35 years to 40 years for appearing in the Public Service Examinations.
3. Heard the learned counsel for the parties.
4. The learned counsel for the petitioner submits that, though unsuccessful candidates of the 1st and 2nd J.P.S.C. Examinations have been given two compensatory attempts however, by fixing 01.08.2009 as cutoff date the petitioner has been denied two compensatory attempts. Challenging the 3 decision reducing the maximum age limit for the General Category candidates from 40 years to 35 years, the learned counsel for the petitioner submits that the decision taken by the respondents is arbitrary and illegal.
5. The learned counsel for the respondentState of Jharkhand submits that pursuant to order passed by this Court in W.P.(PIL) No. 3594 of 2011 , the selections pursuant to 1st and 2nd J.P.S.C. Examinations are under C.B.I. investigation. It is further submitted that the reduction of maximum age for the General Category candidates from 40 to 35 years, is a policy decision taken by the Government which cannot be interfered by this Court.
6. Having heard the rival submissions made on behalf of the parties and after perusing the documents on record, I am of the opinion that the present writ petition is liable to be dismissed. A perusal of order dated 10.09.2013 indicates that the maximum age limit for appointment in the Government services has been fixed vide Resolution dated 25.04.2011. Prior to 2011, the maximum age limit for the General Category candidates was 35 years. For the 4th J.P.S.C. Examination, the upper age limit was fixed as 40 years. Merely because the upper age limit has again been reduced to 35 years, it cannot be assumed that the decision taken by the Government was arbitrary and illegal. Moreover, the Resolution dated 4 25.04.2011 is not under challenge. The petitioner has contended that due to fixing the cutoff date 01.08.2009, he has been deprived of availing two compensatory attempts. In the writ petition, the petitioner has stated that at the time of the 4th J.P.S.C. Examination he had attained the age of 35 years. For the 5th J.P.S.C. Examination, his age would be 38 years 4 days on 01.08.2009 and even if the cutoff date is fixed 01.08.2007, the petitioner would not qualify for the 5th J.P.S.C. Examination. Fixing cutoff date and fixing the upper and minimum age limit fall within the exclusive domain of the Government. I find no reason to interfere with the decision taken by the respondents fixing the cutoff date 01.08.2009 and upper age limit for the General Category candidates at 35 years. I find no merit in the writ petition and accordingly, the writ petition is dismissed.
(Shree Chandrashekhar, J.) Satyarthi