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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar, J.
Mukesh Kumar and ors. – Petitioners
Versus
Jharkhand Public Service Commission and ors. – Respondents
W.P.(C) No. 864 of 2021
Decided On : 15-03-2021
Jharkhand Civil Services Examination Rules - Age Limit - Rule 4 - Summary of principles: The choice of date as a basis for classification fixed by the legislature or its delegate cannot always be dubbed as arbitrary, even if, no particular reason is forthcoming for the choice unless, it is shown to be capricious or whimsical in the circumstances. The cut-off date, to attain the minimum or maximum age, must be specific and determinate on a particular date and it cannot be allowed to depend upon any fluctuating or uncertain date, because it may lead to consequences, anomalies and uncertainties. Mere errors of government in fixing of cutoff date, which may be unjust and oppressive are not subject to judicial review, it is only its palpable arbitrary exercise which can be declared void. It is the discretion of the rule-making authority or employer, to fix a cut-off date for determining the maximum or minimum age prescribed for a post and it cannot be, per se arbitrary, unless the cut-off date, is as wide off the mark, as to make it wholly unreasonable. A cut-off date cannot be fixed with any mathematical precision. As soon as a cut-off date is fixed there will be some persons who fall on the right side of the cut-off date and some persons fall on the wrong side of the cut-off date and the persons falling on the wrong side cannot challenge the same, unless, it is as capricious or whimsical as to be wholly unreasonable. There cannot be any “wholesale relaxation” on the ground that the advertisement is delayed unless, there is an allegation of any mala fides in connection with delay in issuing an advertisement. This wholesale relaxation would make total uncertainty in determining the maximum age of a candidate and it might be unfair for large number of similarly situated candidates who may not apply, thinking that they are age-barred. A cut-off date can be provided in terms of the provisions of statute or executive order and if any hardship is caused to some persons or a section of society that may by itself cannot be a ground for holding that the cut-off date so fixed is ultra vires to Article 14 of the constitution. The fixing of cut-off dates is within the domain of the executive authority. There may be various considerations in the mind of the executive authorities due to which a particular cut-off date is fixed. These considerations can be financial, administrative or other considerations. Therefore the court should not normally interfere with the fixation of cut-off date by the executive authority unless such order appears to be on the face of it blatantly discriminatory and arbitrary.
Fact of the Case:
The petitioners filed a writ petition challenging the proviso to rule 4 of the Jharkhand Civil Services Examination Rules, 2021, which fixed the cut-off date for counting the upper age limit for the Jharkhand Combined Civil Service Competitive Exam 2021. They argued that the abrupt departure of the cut-off date would lead to the exclusion of several aspirants from consideration due to non-holding of the examinations, and the continuity of age relaxation had been broken without valid reason, damaging their prospects.
Finding of the Court:
The court found that the fixing of the cut-off date for computation of the maximum age limit by the respondent-State was not blatantly arbitrary or discriminatory, and therefore did not warrant interference under its writ jurisdiction. It noted that the Rules, 2021 had been framed to hold combined competitive examination every year, and the fixing of the cut-off date was within the discretion of the rule-making authority.
Issues: The main issue was whether the fixing of the cut-off date for computation of the maximum age limit by the respondent-State was arbitrary or discriminatory, and whether it warranted interference by the court.
Ratio Decidendi: The court held that the fixing of the cut-off date for computation of the maximum age limit was within the discretion of the rule-making authority, and interference should not be made by the writ court unless the decision appeared to be blatantly discriminatory and arbitrary on the face of it.
Final Decision: The writ petition was dismissed as the court found no justifiable ground to interfere with the decision regarding the cut-off date for computation of the upper age limit fixed in the Advertisement No. 01/2021.
ORDER :
The present writ petition is taken up today through Video conferencing.
The present writ petition has been filed for declaring the proviso to rule 4 of the Jharkhand Civil Services Examination Rules, 2021 as contrary to rule 3(v) (wrongly written as rule 3(iv) in the writ petition) of the said Rule. Further prayer has been made for declaring that there is an abrupt departure of cut-off date for counting the upper age limit to appear in the Jharkhand Combined Civil Service Competitive Exam 2021 mentioned in Advertisement No. 01/2021 as the same will lead to ouster of several aspirants including the petitioners from the zone of consideration due to non-holding of the examinations which ought to be held year-wise regularly and the continuity of age relaxation has been broken without any valid reason thereby 5 years galloping jump has damaged their prospects due to non-compliance of the previous rule 3 [now rule 3(v)] of Rules, 2021. The petitioners have also prayed for issuance of direction upon the respondents to adhere to the previously adopted consecutivity of age relaxation as is evident from Advertisement No. 01/2020 so that there may not be any erosion of employment avenues in the state due to their lackadaisical omission to comply the mandate of their own framed Rules, 1951 and 2021 for those candidates who have adversely been affected from the year 2011 to 2015.
2. The learned counsel for the petitioners submits that Advertisement No. 01/2020 was published in the year 2020 for Combined Civil Service Competitive Examination-2017, 2018 and 2019 in the State of Jharkhand, wherein suitable relaxation was given for computation of upper age limit as 2011 for all the clubbed vacancies following the pattern adopted in earlier six consecutive yearly vacancies. However, due to Covid-19 pandemic, the said vacancy could not be finalized and in the meantime, the Jharkhand Combined Civil Services Examination Rules, 2021 was notified in the month of January, 2021 which was to be effective prospectively. Thereafter, the JPSC advertised Jharkhand Combined Civil Services Competitive Exam, 2021 through JPSC website. As per Clause 4 of the said advertisement, the upper age limit has to be calculated on the basis of the cut-off date as 01.08.2016. It is further submitted that it would be evident on examining the earlier rule vis-à-vis the new rule that the provision of clubbing the vacancies for two (or more) years together which has been made for the first time by reasons of the proviso to rule 4 of the Rules, 2021 is de-hors the rules itself. It is a settled law that if any vacancy arises in a particular year but the same cannot be filled up for some reason or the other, then all the eligible candidates who are left over will have the subsisting right under Article 16 of the Constitution of India to be considered for that post and any attempt to exclude those candidates shall be an aberration of the constitutional mandate. It is also submitted that though the State has the discretionary power to fix the cut-off date for computing the age, yet the said discretion cannot be exercised arbitrarily, rather must be based on rational thinking. It is further submitted that the petitioners do not doubt the intention of the State which may be bonafide, but it has not reached the core of the issue, rather the same is so superficial that it has not even been able to touch the mantle.
3. Mr. Rajiv Ranjan, the learned Advocate General appearing on behalf of the respondent-State while countering the argument of the learned counsel for the petitioners, submits that Rules, 2021 has been notified by the State Government in order to remove the deficiencies in the earlier rules to hold combined competitive examination every year. It is also submitted that vide resolution no. 7052 dated 17.08.2016, the cut-off dates for the calculation of the upper and lower age limit in the Combined Civil Services Examination, 2016 were fixed as 01.08.2010 and 01.08.2016 r
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