JUDGMENT :

Heard Mr. Sabyasanchi, the learned counsel appearing for the petitioner, Ms. Ruchi Rampuria, the learned AC to SC-II appearing on behalf of the respondent-State and Mrs. Richa Sanchita, the learned counsel appearing on behalf of the respondent-Jharkhand Academic Council [JAC]. .

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioner has preferred this writ petition for a direction upon the respondents to reckon cut-off date for upper age limit in view of Advertisement No.27 of 2011 is on 01.07.2011 instead of Advertisement No.04 of 2015 cut-off date on 01.08.2015 and consider the maximum age of the petitioner in general category for appointment to the post of Assistant Teacher in Government Primary School Class-I to Class-VIII.

4. The learned counsel for the petitioner submits that the petitioner has passed matriculation examination in the year 1986 in 1st Division from Bihar School Examination Board, Patna, Intermediate from Ranchi University, Ranchi in the year 1988, B.Sc.(H) Examination from Ranchi University, Ranchi in the year 1993 and the petitioner has completed his Post Graduation from Ranchi University in the year 2006. The petitioner had earlier applied for the post of appointment of general category for the post of Assistant Teacher in Government of Jharkhand School for Class-I to Class-VIII on the basis of Advertisement No.27 of 2011 dated 26.03.2011. Thereafter, he also applied for appointment under Advertisement No.95 of 2012. The Government of Jharkhand came out with the notification for appointment by the Advertisement No.4/2015. In the said advertisement, there is relaxation of age for 5 years. The learned counsel for the petitioner has contended that in the year 2011 advertisement process relaxation up to 40 years of age whereas in the year 2015 it has been brought to 35 years of age and the cut-off in the year 2015 for counting the age under the 2015 advertisement, the cut-off date has been fixed on 01.08.2015. He further submits that due to delay on the part of the State, the petitioner has not been able to participate and in that view of the matter, the age relaxation is required to be there so that the petitioner and others can apply. He relied in the order of Hon'ble Patna High Court passed in C.W.J.C No.20587 of 2019 and submits that by Patna High Court the age relaxation was rejected to be issued and in that view of the matter, the writ petition is fit to be allowed.

5. Per contra, Ms. Ruchi Rampuria, the learned counsel appearing for the respondent-State submits that under Article 309 of the Constitution of India, the recruitment rules and policy was framed by the Government of Jharkhand. The grievance of the petitioner relates to considering his age as per the publication made in the Advertisement No.27 of 2011 in which cut-off date for calculation of upper age limit was fixed on 01.07.2011. In view of that advertisement, the cut-off date reckoned as also 01.07.2011. The cut-off date is being provided for separate public advertisement. The first advertisement cannot be continued in all subsequent process of appointment. In view of Jharkhand Primary School Teachers Recruitment Rules, 2012 which prescribes clearance of Teachers' Eligibility Test [TET] and as per Rule No.13 thereof one-time measure relaxation was provided for 7 years. She submits that relaxation is the policy decision. The cut-off date fixed in the year 2015, i.e., 01.08.2015 is absolutely scientific and non-arbitrary. She submits that this matter has been set at rest in view of Division Bench judgment of this Court rendered in case of “State of Jharkhand v. Kokila Devi & Ors.” in L.P.A. No.429 of 2014 and other analogous cases decided on 03.07.2017. She submits that Cl