Jharkhand High Court
Subodh Kr. Jha vs State Of Jharkhand And Ors. on 19 July, 2005
Equivalent citations: [2005(3)JCR505(JHR)]
Author: M.Y. Eqbal
Bench: M.Y. Eqbal
ORDER M.Y. Eqbal, J.
1.In this writ application the petitioner has challenged the advertisement No. 03/2004-05 so far it relates to cut-off date fixed for appearing in the examination for appointment on the post of Additional Public Prosecutor.
2. The petitioner is an Advocate presently practicing in Dumka Civil Court. The Jharkhand Public Service Commission (in short the commission), vide its advertisement No. 03/2004-05 invited applications for appointment on the post of Additional Public Prosecutor. One of the conditions put in the advertisement is that the upper age limit as on 31.1.2005 should not exceed 35 years for the general category candidates.
3. Mr. Mazumdar, learned counsel appearing on behalf of the petitioner submitted that although the State of Jharkhand came into existence in November, 2000, no examination for filling up the post of Public Prosecutor was held and for the first time the impugned advertisement has been issued for filing up the post of Public Prosecutors and, therefore, relaxation in age should be given to those candidates who have completed 35 years of age before the cut-off date te. 31.5.2005.
4. Mr. S. Pipriwal, learned Counsel appearing on behalf of the Commission, on the other hand, submitted that for the first time on 18.8.2004 the respondent-State sent a petition to the Commission for starting the recruitment process for appointment of A.P.Ps. in the State of Jharkhand. In the said requisition respondent No. 3, the Secretary, Department of Law and Justice, Government of Jharkhand, did not give any information regarding minimum and maximum age limit or any other , relevant information. It is stated that as per Rule 35 of the Prosecution Manual, 2002 the minimum age limit prescribed for a candidate is 18 years whereas fixation of upper age limit is to be decided by the Government time to time.
5. There is no dispute that by virtue of Bihar Re-Organization Act, 2000 the State of Jharkhand came into existence on 14th November, 2000. Admittedly, since the creation of the State of Jharkhand no examination was held for selection of A.P.PS. and it is for the first time in 2005 the respondents have come with an advertisement. The candidates who were eligible for applying to the said post and now have crossed 35 years of age, have certainly been deprived of the said post because of the inaction of the respondents. In such circumstance, relaxation in age is to be given to those candidates who have crossed their maximum age limit.
6. Mr. Piprawal, learned Counsel appearing on behalf of the Commission has produced before me copy of order dated 22.1.2003 passed in WPS No. 289/2003 and submitted that in similar circumstance a writ petition was dismissed by the Court. From perusal of the order it appears that the Commission had issued advertisement for Combined Competitive Examination for appointment in Jharkhand Civil Service. The writ petitioner prayed for a direction upon the respondents to give relaxation of three years in the upper age limit of 35 years for general categories. The learned Single Judge of the Court dismissed the writ petition holding that the power to relax age for appointment or the power to fix the maximum age for appointment or the power to fix cut-off date for appointment is vested with the Appointing Authority/State of Jharkhand. However, Mr. Pipriwal, learned Counsel, very fairly submitted that after dismissal of the said writ petition the respondent-State gave two years relaxation in age for appearing in the Combined Competitive Examination.
7. A similar question arose before the Patna High Court in the case of Dr. Rabindra Kumar Singh and Ors. v. State of Bihar and Ors., 2000 (3) PLJR 231. In that case a dispute arose relating to fixation of upper age limit of 35 years on the cut-off date i.e. 1.10.1998 for making application for the post of Medical Officer in Bihar Health Services. The grievance of the writ petitioners was that during last 9 years after 1989, no recruitment for the basic grade post of Medical Officer in the Bihar Health Service was made with the result that many candidates became over-age. Considering various decisions of the Supreme Court their Lordship of the Patna High Court held that petitioners are entitled to get the benefits in the relaxation of age.
8. For the reason aforesaid this writ application is allowed and the respondents are directed to allow the petitioner to fill up the application form and to appear in the selection process for the post of Additional Public Prosecutor. Since petitioner has approached the Court, it is clarified that this order shall be confined to the writ petitioner only.