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IN THE HIGH COURT OF JHARKHAND AT RANCHI
R. BANUMATHI, CJ AND CHANDRASHEKHAR, J.
Bhola Nath Rajak & Ors. - Petitioners
Versus
The State of Jharkhand & Ors. - Respondents
W.P. (S) No. 7526 of 2013 with I.A No. 173 of 2014
Decided on: 16.01.2014
Age Limit - Civil Judge Recruitment - Jharkhand Judicial Service (Recruitment) Rules, 2004 - Rule 4, Rule 5
Fact of the Case:
The petitioners sought a direction to fix the cut off for upper age limit to be 31.1.2009 for the post of Civil Judge (Junior Division) and to extend the time for submission of applications. The petitioners argued that the examination for the post was not conducted after 2008, causing them to exceed the age limit set in the advertisement.
Finding of the Court:
The court allowed the petitioners to submit their applications with a maximum age of 35 years and directed the respondents to issue a supplementary advertisement with the revised cut-off date. The court considered the non-holding of the examination and the impact on eligible candidates who had crossed the age limit due to the delay.
Issues: The main issue was whether the petitioners were entitled to have the cut off date as 31.1.2009 for calculating the maximum age of 35 years due to the non-holding of the examination.
Ratio Decidendi: The court considered the Jharkhand Judicial Service (Recruitment) Rules, 2004, and relevant case law to determine the entitlement of the petitioners to the revised cut-off date. It emphasized the impact of the delay in holding the examination on the eligibility of candidates.
Final Decision: The court allowed the petition, modified the cut-off date to 31.1.2009, and extended the last date for submission of applications. It directed the Jharkhand Public Service Commission to receive and process the applications of the petitioners and similarly placed candidates.
R. Banumathi, C.J.––The petitioners seek for a direction upon the respondents to fix the cut off for upper age limit to be 31.1.2009 by substituting the same to the advertisement issued, vide Advertisement No.4/2013 dated 10.12.2013, inviting applications for the post of Civil Judge (Junior Division) and to extend the time for submission of their applications and that backward category of candidates be given relaxation of three years in the maximum age limit.
2. Jharkhand Public Service Commissioner (JPSC) issued Advertisement No.4/2013 published in various newspapers on 10.12.2013, by which applications were invited from the eligible candidates for the post of Civil Judge (Junior Division) (Munsif) fixing the maximum age of 35 years for the candidates of general category with the cut off date of 31.1.2013 for the purpose of calculating the maximum age of 35 years. The writ petitioners are the aspiring candidates for the examination. The case of the petitioners is that the examination was held for appointment on the post of Civil Judge (Junior Division) (Munsif) in 2008 and thereafter examination for appointment on the post of Civil Judge (Junior Division) (Munsif) was not conducted. Since the examination was not conducted after 2008, writ petitioners and similarly placed candidates had completed the age of 35 years and since they have crossed the upper age limit of 35 years as fixed by the respondents in the impugned advertisement, the writ petitioners are being deprived of the opportunity from appearing in the examination. Since the examination was not conducted after 2008, the cut off date for calculating the maximum age limit of 35 years ought to have been fixed as 31.1.2009 instead of 31.1.2013. Hence, this writ petition.
3. When the matter came up for admission on 20.12.2013, after hearing the counsel for the writ petitioners and also for the respondents and following the judgment rendered in the case of Sanjiv Kumar Sahay & Ors. Vs. State of Jharkhand & Ors. reported in 2008(2) JLJR 543, which pertains to the recruitment on the post of Civil Judge (Junior Division) (Munsif) in 2008, we passed the following orders:-
“14. Without expressing any opinion on the merits of the contention of the Petitioners, we permit the petitioners to submit their applications, fixing the maximum age 35 years with the cut-off date as on 31.01.2009. We also permit all those similarly placed persons who would be eligible to submit their applications and appear, taking the cut-off date as on 31.01.2009 (for the maximum age of 35 years).
15. We direct the respondent nos.2 to 4 to issue supplementary advertisement by 24.12.2013 in this regard, fixing the maximum age 35 years with cut-off date as on 31.01.2009. The applications so received taking the cut-off date 31.01.2009, shall be subject to the decision of this case and the same shall be indicated in the supplementary advertisement.”
Accordingly JPSC has issued supplementary notification fixing the cut off date as 31.1.2009 for the purpose of calculating the maximum age of 35 years and also extending the time for submission of the applications from 6.1.2014 to 10.1.2014.
4. The point falling for consideration in this case is as to whether the writ petitioners are entitled to have the cut off date as 31.1.2009 for the purpose of calculating the maximum age of 35 years due to non-holding of the examination in terms of the Jharkhand Judicial Service (Recruitment) Rules, 2004.
5. It is relevant to refer the relevant rules for recruitment of Civil Judge (Junior Division) (Munsif) and rules 4 and 5 of the Jharkhand Judicial Service (Recruitment) Rules, 2004, being relevant, are reproduced below:-
“4. From time to time, the Commission, in consultation with the High Court, may decide and notify the number of vacancies of Civil Judge (Junior Division/Munsiffs) as are required to be filled up by appointment to be made on substantive or ad hoc basis, in accordance with these rules and shall then proceed
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