Back
2020 Supreme(Pat) 637
IN THE HIGH COURT OF JUDICATURE AT PATNA
SHIVAJI PANDEY and PARTHA SARTHY, JJ.
(4.12.2020)
C.W.J.C. Nos. 5619 with 5638 of 2020
Ram Milan Thakur (in 5619)
Vijaya Jaiswal & Ors. (in 5638) : Petitioners
Vs.
State of Bihar & Ors. : Respondents
(in both)
For the Petitioners: M/s Ravindra Kumar, (in 5619); Mr. Arvind Kumar Verma, (in 5638).
For the High Court : M/s Bindhyachal Singh, (in 5619); Mr. Piyush Lall, (in 5638).
For the B.P.S.C. : Mr. Sanjay Pandey, (in both).
Headnote:
Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 – Rule 6(a) – Judicial Service Examination – Cut-off date for determining maximum or minimum age prescribed for the post is not per se arbitrary – Cut-off date cannot be fixed with a mathematical precision and in such a manner as would avoid hardship in all conceivable cases – As soon as a cut-off date is fixed, there will be some persons who fall on right side of cut-off date and some persons who will fall on wrong side of cut-off date, that cannot make cut off-date, per se, arbitrary unless cut off date is so wide off the mark as to make it wholly unreasonable – Hardship of candidate will not make statutory provision illegal, capricious and arbitrary – Cut-off date for minimum and maximum age will be 1st day of August of preceding year in which examination is held – One year relaxation has been granted for those in context of maximum age limit – Fixation of condition of service and entry in service is within domain of Legislature or Executives or employer – In present case, suggestion of Government was considered at different level of this Court and after full deliberation, this Court has arrived to a conclusion that request of Government for fixing cut-off date as 01.08.2017 cannot be acceded – Even presuming that request of Government would have been accepted then also petitioners of both cases would not have been benefited – Relief sought by petitioners declined – Writ petitions dismissed. (Paras 12, 14, 15 and 17)
C.W.J.C. No.8018 of 2020 ; C.W.J.C. No. 6188 of 2020 (1997) 6 SCC 614 – Relied.
SHIVAJI PANDEY, J.:–In both the cases, identical issue has been raised hence, both these writ petitions are being disposed of by common judgment. For convenience, the facts of C.W.J.C. No.5619 of 2020 are being taken into consideration and in need this Court would also take the facts from C.W.J.C. No. 5638 of 2020.
2. In C.W.J.C. No. 5619 of 2020 the petitioner has made a prayer for quashing the part of Clause-3 of Advertisement no.04 of 2020 issued by the Bihar Public Service Commission, Patna, whereby and whereunder maximum age for general category candidates has been fixed as 35 years as on 01.08.2018 and for reserved category candidate maximum age has been fixed as 40 years as on 01.08.2018. Further prayer has been made for issuance of writ of mandamus directing the respondents to fix the cut-off date of maximum age as 01.08.2014 in place of 01.08.2018 for appearing in the Judicial Service Examination in pursuance of Advertisement No. 04 of 2020.
3. In C.W.J.C. No. 5638 of 2020, the petitioners have made a prayer for grant atleast one opportunity to those aspirants who attained the prescribed maximum age in between 01.08.2013 to 01.08.2018 and declare them eligible to apply against Advertisement no. 04 of 2020.
So, the prayer made in both the cases are identical and similar.
4. The petitioner of C.W.J.C. No. 5619 of 2020 is aged about 44 years whereas, the petitioner nos.1, 2 and 3 of C.W.J.C. No. 5638 of 2020 are aged about 42, 42 and 37 years respectively. Admittedly, all the petitioners are over age and as such, they approached this Court with a prayer to relax the cutoff date of maximum age from 01.08.2018 to 01.08.2014 for appearing in the Judicial Service Examination.
5. The facts emerges from the records of the case are that the Bihar Public Service Commission vide advertisement No.04 of 2020 announced for conducting 31st Bihar Judicial Services Competitive Examination for appointment of Civil Judges (Lower Division). Total posts have been shown as 221. As per the advertisement, the cut-off date of minimum age has been fixed as 22 years as on 01.08.2019 and cut-off date of maximum age for general category candidates has been fixed as 35 years as on 01.08.2018 and for reserved category candidates cut-off date of maximum age has been fixed as 40 years as on 01.08.2018.
6. As per the petitioner of C.W.J.C. No. 5619 of 2020, namely, Ram Milan Thakur, he has filed a representation before the Deputy Chief Minister, Government of Bihar, Patna, and raised objection that in 28th Bihar Judicial Service Competitive Examination, 2012 the maximum age for general category candidates for appearing in the said examination was fixed as 35 years as on 01.08.2011 and 40 years for reserved category candidates. It has also been stated that in 29th Bihar Judicial Service Competitive Examination, 2016, the maximum age for general category candidates for appearing in the said examination was fixed as 35 years as on 01.08.2012 and for reserved category candidates maximum age was fixed as 40 years as on 01.08.2012. Similarly, in 30th Bihar Judicial Service Competitive Examination, 2018 the maximum age for general category candidates was fixed as 35 years as on 01.08.2013 and for reserved category candidates maximum age was fixed as 40 years as on 01.08.2013. So, in 31st Bihar Judicial Service Competitive Examination, 2020 the maximum age for general category candidates for appearing in the examination should be fixed as 35 years having cut-off date on 01.08.2014 and 40 years for reserved category candidates. In support of his contention, he has attached the photocopies of the advertisements.
7. It has further been submitted that he belongs to reserved category candidate and his date of birth is 09.06.1976 and on 01.08.2014 he completed the age of 38 years 2 months and 22 days, which is below the maximum age fixed for the reserved category candidates whereas, on 01.08.2018 his age will be 42 years 2 months and 22 days and becomes ineligible. It has
