- (1.) HEARD counsel for the parties.
(2.) PETITIONER was denied interview in the Combined Junior Engineer Recruitment Examination, 2012 conducted by the J.P.S.C. on 7.12.2012, though he had succeeded in the written examination. According to the petitioner, vide Annexure -3 - the advertisement, applications were invited from interested candidates for appointment to the post of Junior Engineer( Civil / Mechanical) in several works department as also in the Energy Department of the Government of Jharkhand against several vacant post indicated therein. In respect of the eligibility criteria age relaxation of 5 years was to be granted to the permanent / temporary employees of the Government of Jharkhand or handicapped persons. The petitioner admittedly was appointed as Junior Engineer on contractual basis in the Jharkhand Education Project Council, Palamau under " Sarva Siksha Abhiyan  and worked since 16th November,2005. The date of birth of the petitioner is October, 1970 and as per the said advertisement he would have otherwise been disqualified as the maximum age prescribed is 40 years for Scheduled Caste candidate to which the petitioner belong. Petitioner admittedly was more than 40 years by the cut of date i.e. 31.3.2012 and made that application to avail of the relaxation of age as permissible under clause 3 of the advertisement no. 27/2012. In the written test he was qualified and called for interview but was denied interview held on 7.12.2012.
(3.) ACCORDING to the petitioner he approached this Court for directing the respondents to arrange for interview as he has wrongly been disqualified. It is the contention of the petitioner that the respondents appeared to have disqualified the petitioner at the stage of interview by denying him age relaxation of 5 years and not treating him as temporary employee of the Government of Jharkhand as he was engaged on contractual basis in Jharkhand Education Project Council, Palamau. Learned counsel for the petitioner submits that the post under which he was working was created under " Sarva Siksha Abhiyan , which is centrally sponsored scheme. The temporary post has been defined under Rule 48 of the Jharkhand Service Code as per which the temporary post means a post created for limited purpose and having fixed rate of pay. In such circumstances, petitioner should have been treated as temporary employee of the Government of Jharkhand and should not have been denied to participate in the interview and selection of the said recruitment exercise.;