JUDGMENT :

1. Bihar Technical Service Commission, Patna, has come out with Advertisement No. 04/2020 to 09/2020 for recruitment against the posts of Ayurvedic Medical Officer/Unani Medical Officer for the State of Bihar. Clause 3 of the advertisement lays down eligibility criteria for said posts in terms of age. Sub-clause (v) of Clause 3, however, provides that a minimum of 12 years of age relaxation shall be allowed, in the upper age limit category-wise, for such persons only who are working on contractual basis.

2. The petitioners in the present application claim that they have the requisite educational qualification for the posts advertised. They have challenged the stipulation in sub-clause (v) of Clause 3 of the advertisement, which confines age relaxation of 12 years only for the persons working on contractual basis by referring to letter No. 212 dated 23.01.2006 of the General Administration Department, Government of Bihar. According to the petitioners, the said letter dated 23.01.2006 of the General Administration Department contemplates grant of age relaxation for all eligible candidates, who become over aged for a post because of absence of process for selection. It is the petitioner's specific case that no advertisement was ever issued by the State respondents for regular appointment on the post of Ayurvedic/Unani Medical Officers in the State of Bihar and, for the first time, the advertisements came to be issued on 28.09.2020, through vacant posts to be filled up on regular basis were there.

3. A counter affidavit has been filed on behalf of the State respondents, from which it transpires that last regular appointment of Ayurvedic Medical Officers, Homeopathic Medical Officers and Unani Medical Officers was made in the years 2000, 1999 and 1993 respectively by the Department through Bihar Public Service Commission. It is stated in the counter affidavit that after lapse of nearly to decades, it was not found feasible for the department to calculate the number of posts on which age relaxation could be allowed with reference to the General Administration Department's letter No. 212 dated 23.01.2006. Accordingly, the State Government decided not to grant age relaxation in minimum age limit or applications other than the persons working on contractual basis. It has further been stated that the Health Department, Government of Bihar, has already forwarded its advice/decision to the General Administration Department in the matter of age relaxation explaining fully reasons for non-grant of age relaxation. Accordingly, under a policy decision, it has been decided to grant 12 years of age relaxation only to the contractual Ayurvedic Medical Officers. It is mentioned in the counter affidavit that various posts of Ayurvedic Medical Officers have been created in different years as under : -

It is the case of the department that in exercise of powers conferred by the Bihar District Ayush Medical/State Ayush Medical Service (Appointment on Regular/Contract basis and service conditions) (Amendment) Rules, 2017, the Health Department, Government of Bihar, has already decided to give reasonable age relaxation of 12 years uniformly to the candidates working on contractual basis.

4. I have heard at length Mr. Ashwani Kumar Tiwary, learned counsel appearing on behalf of the petitioners, Mr. Manish Kumar, learned G.P.-4 representing the State respondents and Mr. Nikesh Kumar, learned counsel for the respondent Bihar Technical Service Commission.

5. Mr. Ashwani Kumar Tiwary, learned counsel appearing on behalf of the petitioners has argued with reference to the advertisement that sub-clause (v) of Clause 3 ref