JUDGMENT :

Heard Mr. Rishi Pallava, the learned counsel appearing on behalf of the petitioners, Mr. Mohan Dubey, the learned counsel for the respondent State and Mr. Sanjoy Piprawal, the learned counsel appearing on behalf of the respondent-JPSC.

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 petitioners have preferred this writ petition for quashing the Advertisement No.2 of 2020. Further prayer is made for consideration of representation of the petitioners made for age relaxation and the prayer is also there for provisionally accepting the forms of the petitioners and to allow them to participate in the interview.

4. The petitioners are MBBS doctors who are working as Medical Officer on contract under different schemes in the State of Jharkhand. The petitioners have registered themselves under the Jharkhand Council of Medical Registration. The petitioner no.1 was initially working as a medical officer on contractual basis in Kodia, Chandankyari, Bokaro from 16.01.2018 to 31.05.2019 under National Health Mission Scheme and thereafter he is working as medical officer on contractual basis in Thakurgangati, Godda since 26.02.2020 till date. The petitioner no.2 is working as a medical officer on contractual basis in N.C.D Clinic Gumla since 18.03.2019 till date under National Health Mission Scheme. The petitioner no.3 is working as a medical officer on contractual basis in CHC Poreyahat, Godda since 21.01.2020 till date. The petitioner no.4 was initially working as a medical officer on contractual basis in CHC Nala, Jamtara from 28.06.2019 to 24.01.2020 under National Health Mission Scheme and thereafter he has joined in CHC Pathargama, Godda on 25.01.2020 and working till date. The JPSC came out with an advertisement no.2/2020 on 07.04.2020 for appointment of medical officer (regular) for the State of Jharkhand. Apart from the other qualifications and eligibility, the age of candidates has also been given in the said advertisement. The minimum age was fixed as 23 years as on 01.08.2020 for all the categories whereas the maximum age for different categories are fixed as for general -35 years, for MBC/BC-37 years, for female-38 years and for SC/ST (both male and female)-40 years. The last date for filling up of the form was 08.05.2020 and thereafter the same was extended till 05.06.2020. The petitioners have crossed their upper age limit. The petitioners have also applied for appointment pursuant to that advertisement. The respondent JPSC rejected the candidature of the petitioners vide Annexure-9 on the ground of being over-age. Pursuant thereto, the petitioners have approached this Court.

5. Mr. Rishi Pallava, the learned counsel appearing on behalf of the petitioners attacked the said advertisement on the ground that cut-off date for counting of age with effect from 01.08.2020 has been fixed arbitrarily. He submitted that the petitioners are working with the government on contractual basis and they are entitled for age relaxation. By way of referring the advertisement of Jharkhand Staff Selection Commission [JSSC], he submits that in that examination the age of contractual employee was fixed at 55 years. He submits that the petitioners are also entitled for age relaxation as now the petitioners have become over age in view of the fact that the examination was not conducted by the State of Jharkhand and it has been conducted after 2014 by way of this advertisement meaning thereby after six years and due to that the petitioners have become over age. He submitted that the petitioners are working tirelessly in the pandemic like, Covid-19. By way of referring the notification dated 03.03.2011, he submitted that so far the vacancy position was required to be considered on every 31