S. B. Sanyal, J.

1. Was the petitioner beyond thirty years of age on 1st august, 1985, he having born on 1-8-1955, so as to exclude him from being considered for the post of Assistant Public Prosecutor on the basis of competitive examination held in the year 1985 conducted by the Bihar Public Service Commission is the moot question in this writ petition.

2. Facts.-on the 27th March, 1985, Bihar Public Service Commission (hereinafter referred to as the commission) brought out an advertisement for appointment to the post of Assistant Public Prosecutor. Apart from the educational qualification the age requirement in clause 3 of the advertisement was, general candidate should be thirty years of age on 1st August, 1965 and thirty-five years for Scheduled Castes and Scheduled tribes. It was also the requirement of the advertisement that the candidate should be graduate in law and have to face written examination of which four will be compulsory subjects and two optional subjects (Annexure-1 ). In response to the said Notification the petitioner filled up the application form enclosing a copy of his Matriculation certificate showing his date of birth as 1-8-1985. The petitioner wa