CHAKRADHARI SHARAN SINGH, J.:–Heard Mr. Mrigank Mauli, learned Senior Counsel appearing on behalf of the petitioners, Mr. Md. N.H.Khan, learned Standing Counsel No. 1 and Mr. Nikesh Kumar, learned counsel for the Bihar Technical Service Commission.

2. The Bihar Technical Service Commission has invited applications for recruitment against the posts of Ayurvedic Medical Officers/Unani Medical Officers vide advertisement Nos. 4/2020 to 9/2020. The upper age limit for Open Category candidates has been prescribed as 37 years; 42 years for Scheduled Caste and Scheduled Tribe category candidates and 40 years for Backward/Extremely Backward Class candidates. Clause 3(v) of the advertisement extends a maximum of 12 years of age relaxation in upper age limit, category-wise, for such persons only who are working on contractual basis. The said relaxation has been granted with reference to letter No.212 dated 23.01.2006 of the General Administration Department, Government of Bihar. This is not in dispute that the letter of the General Administration Department dated 23.01.2006 contemplates grant of age relaxation for all such eligible candidates, who become over aged for a post because of absence of any recruitment process for selection in the meanwhile.

3. Some of the candidates, who were not working as contractual employees, had approached this Court by filing a writ petition giving rise to C.W.J.C. No. 8888 of 2020 raising a grievance that age relaxation should not be confined only to contractual employees. Taking note of the stipulation in the General Administration Department’s letter No. 212 dated 23.01.2006, this Court had disposed of the writ application with following directions and observations:—

“13. In view of the admitted fact that the petitioners became ineligible to apply against the post because of non-publication of advertisement for years together, in my opinion, it would be arbitrary and discriminatory for the respondents to deny them benefit of age relaxation in the light of the General Administration Department’s letter dated 23.01.2006.

14. In the facts and circumstances, this application is allowed with the following directions : —

(i) The petitioners shall be granted age relaxation for maximum of 12 years.

(ii) While determining as to how much relaxation in age can be allowed to them, the respondents shall take into account the date of acquisition by them of their requisite educational qualification.

(iii) They shall be treated to be eligible for appointment in the year when they acquired requisite educational qualification. The difference of number of years from the date of acquiring the minimum educational qualification and the year of publication of the present advertisement shall be the maximum age relaxation in upper age limit, which the petitioners shall be allowed.

(iv) The respondents are directed accordingly to accept the application forms of these petitioners, if they are found to be eligible after granting them age relaxation in terms of the present order.”

4. The petitioners, in the present writ application, are seeking direction to the respondents to grant at least 16 years of age relaxation for those working on contractual basis as Ayush Doctors (Rashtriya Bal Suraksha Karyakram). It is their case that such relaxation has been granted in case of appointment of Specialist Medical Officers and General Medical Officers in advertisement Nos. 3/2019 to 16/2019 dated 28.08.2019 issued by the Commission. Further, for Dentist Doctors, vide advertisement No.4/2015 issued by the Bihar Public Service Commission, and Allopathic Doctors as General Medical Officers vide advertisement No.15/2014 issued by Bihar Public Service Commission and Veterinary Doctors vide advertisement No.4/2015 issued by the Bihar Public Service Commission, 16 years’ age relaxation in the upper age limit has been granted.

5. A counter affidavit has been filed on behalf of General Administration Department, Government of Bihar, stating therein that ma