Ujjal Bhuyan, J.

1. All the above cases were heard together since the subject matter of all the cases is identical and are being disposed of by this common order. In this bunch of writ petitions, primary challenge made is to the validity of office memorandum No. ABP. 513/79/09 dated 27.03.1980 of the Personnel (B) Department, Govt. of Assam read with office memorandum No. ABP. 73/89/17 dated 04.01.1992 of the said Department in so far it restricts the benefit of age relaxation for entering into Government service only to persons who are in the service of the State Government.

2. Shorn of details, basic facts which may be necessary for adjudication of this bunch of writ petitions may be briefly set out.

3. In WP(C) Nos. 845, 2138, 2157, 2178 and 2003 of 2014, petitioners had responded to an advertisement issued by the Assam Public Service Commission (APSC) bearing advertisement No. 12/2012 dated 19.10.2012 whereby applications were invited from eligible candidates to fill up 115 vacancies in the post of Veterinary Assistant Surgeon (VAS)/Extension Officer [EO (Veterinary)] in the Animal Husbandry and Veterinary Department, Govt. of Assam. As per the said advertisement, to be eligible, a candidate should be between 21 years of age and 38 years of age as on 01.01.2012, with the upper age limit being relaxable by 5 years in case of SC/ST candidates. It was also provided that relaxation of upper age limit will be considered as per existing rules. Petitioners are veterinary graduates and have the educational qualifications to be recruited for the aforesaid post. However, according to the petitioners, though they fulfill the educational criteria as mentioned in the advertisement, they have exceeded the upper age limit of 38 years as on 01.01.2012 as per the said advertisement and thus rendered ineligible.

4. Petitioners had submitted representation before the Government to condone their overage, thereby allowing them to appear in the selection process pursuant to the advertisement dated 19.10.2012 and to consider their candidature on merit. It appears that Commissioner and Secretary to the Govt. of Assam, Animal Husbandry and Veterinary Department had favourably considered the prayer of the petitioners. Secretary, APSC was informed vide letter dated 20.03.2013 that the Government had approved appearance of the petitioners in the interview for recruitment to the above post to be considered on merit notwithstanding the fact that petitioners had exceeded the upper age limit. Secretary, APSC informed the Departmental Commissioner and Secretary vide letter dated 14.06.2013 that 90 applications were forwarded to the APSC by the Government for condonation of over-age. APSC had considered applications of 6 candidates who were working as Government employees under the State Government of Assam. Stating that the remaining applicants were not in service under the Government of Assam till receipt of application forms, APSC stated that it was not in a position to consider their cases. However, APSC was of the view that veterinary graduates have very little opportunity for absorption in private sector and there is every likelihood that some highly qualified persons would be deprived from employment though they have the requisite skill and expertise. APSC therefore requested the Government to amend the provisions of the Government office memoranda suitably so that it would be open to the over-aged persons to compete in the selection process as special case.

5. Thus over-age of the petitioners was not condoned and accordingly, they were held not eligible to participate in the selection process.

6. This led to filing of the aforesaid bunch of writ petitions relating to the Animal Husbandry and Veterinary Department.

7. This Court by order dated 05.03.2014 had admitted the first writ petition i.e. WP(C) No. 845/2014 and as an interim measure, directed the APSC to allow the petitioners to participate in the selection process, but it was made clear tha