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2000 Supreme(Pat) 195

S.N.JHA
Rabindra Kumar Singh – Appellant
Versus
Anil Kumar Sinha – Respondent


Judgment

1. The dispute in these ten writ petitions relates to fixing the upper age limit of 35 years (in the case of general category candidates) on the cut-off date i.e. 1.10.98, for making applications for the post of Medical Officer in the Bihar Health Service.

2. Recruitment to the Bihar Health Services (Basic Grade) is governed by the Bihar Health Services (Basic Grade) Recruitment Rules, 1984 framed under proviso to Article 309 of the Constitution of India. Rule 6(a) of the said Rules lays down (for the purpose of admission to the competitive examination and recruitment to the post) that a candidate must not have crossed 35 years of age or in the case of candidate belonging to the scheduled caste and scheduled tribes 40 years of age on the 1st day of October in which the competitive examination is to be held. From the impugned advertisement published in newspapers on or about 10.11.98 the upper age limit has been fixed at 35 years in the case of general category candidates, 37 years in the case of Backward class/Most Backward class category candidates, 38 years in the case of Backward class (Females) and 40 years in the case of Scheduled Caste/Scheduled Tribes candidates. It










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