S.J. Mukhopadhaya, J.

1. In both the cases, as petitioner is common and common question of law involved, they were heard together and are being disposed of by this common order.

2. In WP (C) No. 942 of 2003, the petitioner has challenged the cut off date of 1st August, 2002 as fixed to count the minimum age of eligibility of 22 years for appointment to the post of Assistant Engineer in Public Health Engineering Department (PHED for short) and notified vide Advertisement No. 12/02-03 with further prayer to direct the respondents to decrease the minimum age limit, as mentioned in Clause-IV of the advertisement aforesaid and to accept the application of the petitioner for consideration of his case for appointment against the post of Assistant Engineer along with others.

In other case, WP (C) No. 946 of 2003, similar prayer has been made by the petitioner against the minimum age of 22 years as on 1st August, 2002 prescribed for appointment in different State Civil Services, vide Advertisement No. 11/02-03 published by Jharkhand Public Service Commission (JPSC for short).

3. The case of the petitioner is that, he passed the matriculation examination in 1995 with 1st Division, completed Intermediate (Science) and thereafter took admission in BIT Sindri in the year 1998. He completed Engineering course and provided with provisional certificate from BIT, Sindri in the year 2002 and is otherwise eligible for appointment to the posts of Assistant Engineer and the State Civil Services.

The date of birth of petitioner being 9th October, 1980, he attained 22 years of age on 9th October, 2002. His grievance is that in view of Clause IV of Advertisement No. 12/02-03 for appointment to the post of Assistant Engineer in PHED he has been made ineligible and thus debarred from consideration of his case for appointment to the post of Assistant Engineer though he is otherwise eligible on the date of advertisement.

Similar plea has been taken in respect to the Advertisement No. 11/02-03 published by the JPSC in the newspaper "HINDUSTAN TIMES" on 2nd January, 2003 for appointment on different posts of Jharkhand Civil Services and Labour and Employment Services.

4. According to the petitioner, there is absolutely no legal reasoning or valid basis for fixing the minimum age limit of 22 years on a particular day of the previous year, rather when the advertisement itself is being published in the year 2003, the JPSC should have either fixed the minimum age requirement as 21 years as being done in all other competitive examinations or should have fixed such minimum age requirement as on the last date of submission of application.

According to petitioner, in most of the cases/advertisements, almost all the concerned organizations have fixed the minimum age requirement of 21 years for appointment in Government services.

5. Mr. Mihir Kumar Jha, the counsel for the petitioner relied on Annexure-5 series, the advertisements published by the Union Public Service Commission on 18th January, 2003, Public Service Commission, Uttar Pradesh in 2003, two advertisements published by the Union public Service Commission in 2003. Advertisement published by the Electricity Service Commission, Lucknow in 2003, Public Service Commission, Uttaranchal on 19th August, 2002 etc. to suggest that all the Selection Bodies/ Public Service Commissions have fixed the minimum age of 21 years.

6. Learned Advocate General, Jharkhand appearing for the JPSG submitted that the posts in Civil Services used to be filled up as per Bihar Civil Services (Executive Branch), and Bihar Junior Civil Services (Appointment) Rules 1951. The said rule has been adopted by the State of Jharkhand with certain amendments under Section 85 of the Bihar Reorganisation Act, 2000, vide Notification No. 2/NI-005/2002 KA-6184 dated 9th November, 2002.

The minimum age has been fixed as per Rule 6 of 1951 Rules and the maximum age has been fixed as per the amendments made vide Notification No. 6184 dated 9th November, 2