Point of Law: Where applications are called for prescribing a particular date as last date for filing applications, eligibility of candidates shall have to be judged with reference to that date and that date alone.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. D.K. Das, the learned counsel appearing on behalf of the petitioners and Mr. T.C. Chutia, the learned Government Advocate appearing on behalf of the respondent Nos. 1 and 3. I have also heard Ms. M.M. Kotoki, the learned Standing counsel appearing on behalf of the respondent No. 2 and Mr. T.J. Mahanta, the learned Senior counsel assisted by Mr. P.P. Dutta, the learned counsel appearing on behalf of respondent Nos. 4, 5 and 6.

2. The three writ petitions are taken up for disposal together as the facts involved are similar and the questions raised are in pari materia.

3. The facts involved in the instant three writ petitions are that the Assam Public Service Commission (hereinafter referred to as “the APSC”) issued an advertisement bearing ADVT No. 1/2018 and No. 132PSC/DR-5/1/2017-2018 dated 17.02.2018 inviting applications from eligible candidates for 113 Class-II Gazetted (Junior) post of Veterinary Officer/Block Development Veterinary Officer under the Animal Husbandry and Veterinary Department Assam as well as for various other posts under different departments. The petitioners in the 3 (three) writ petitions claims to be degree holders in Veterinary Science and Animal Husbandry i.e. the Bachelor of Veterinary Science and Animal Husbandry from recognized universities. The petitioners also claimed that they belonged to the Other Backward Classes (for short the “OBC”) and have enclosed documents evidencing certificates issued to them that they belonged to OBC category.

4. The petitioners applied in pursuance to the said advertisement dated 17.02.2018 by depositing the required fee through challan. At the time of depositing the application form, the concerned authority of the APSC had also issued a receipt to the petitioners thereby acknowledging the receipt of the application form. Pursuant thereto, the petitioners were eagerly waiting for their call letters for viva-voce to be conducted by the APSC for the aforementioned posts. To their utter shock and dismay, the APSC had published a list on 06.09.2018. The said list pertained to those candidates whose applications were rejected. The names of the petitioners in WP(C) No. 6314/2018 featured at Serial No. 9, 14, 15, 29 and 31 in the said list; the petitioner in WP(C) No. 6397/2018 featured at Serial No. 12 of the said list and the petitioner in WP(C) No. 6650/2018 featured at Serial No. 38 of the said list.

5. It further transpires from a perusal of the said list issued by the Deputy Secretary of the APSC that the applications of the petitioners were rejected for the post of Veterinary Officer/Block Veterinary Officer under the Animal Husbandry and Veterinary Department on the ground of “Over age.” It was the case of the petitioners that the petitioners belonged to the OBC category, they were within the age (in terms with the Office Memorandum dated 03.03.2016). It was the case of the petitioners that in terms with the said Office Memorandum dated 03.03.2016, the upper age limit of an OBC candidate would be 46 years and all the petitioners were below 45 years. Subsequent thereto, the APSC vide its notification dated 29.08.2018 published a list of dates for holding the interview/viva-voce for the post of Veterinary Officer/Block Veterinary Officer under the Animal Husbandry and Veterinary Department, Assam.

6. It was further the case of the petitioners that there is an Office Memorandum dated 27.03.2012 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions wherein age relaxation has been given to various categories including the OBC to the extent of 3 (three) years on the basis of Office Memorandum dated 25.01.1995 and the Office Memorandum dated 22.10.1993 issued by the Government of India. It is therefore the case of the petitioners that by virtue of the Office Memorandum dated 03.03.2016, the Government of Assam had already granted the relaxation in upper age limit and even assuming the said Office Memo