M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has challenged the advertisement No. 03/2004 -05 so far it relates to cut -off date fixed for appearing in the examination for appointment on the post of Additional Public Prosecutor.
(2.) THE petitioner is an Advocate presently practicing in Dumka Civil Court. The Jharkhand Public Service Commission (in short the commission), vide its advertisement No. 03/2004 -05 invited applications for appointment on the post of Additional Public Prosecutor. One of the conditions put in the advertisement is that the upper age limit as on 31.1.2005 should not exceed 35 years for the general category candidates. Mr. Mazumdar, learned counsel appearing on behalf of the petitioner submitted that although the State of Jharkhand came into existence in November, 2000, no examination for filling up the post of Public Prosecutor was held and for the first time the impugned advertisement has been issued for filing up the post of Public Prosecutors and, therefore, relaxation in age should be given to those candidates who have completed 35 years of age before the cut -off date te. 31.5.2005.
(3.) MR . S. Pipriwal, learned Counsel appearing on behalf of the Commission, on the other hand, submitted that for the first time on 18.8.2004 the respondent -State sent a petition to the Commission for starting the recruitment process for appointment of A.P.Ps. in the State of Jharkhand. In the said requisition respondent No. 3, the Secretary, Department of Law and Justice, Government of Jharkhand, did not give any information regarding minimum and maximum age limit or any other , relevant information. It is stated that as per Rule 35 of the Prosecution Manual, 2002 the minimum age limit prescribed for a candidate is 18 years whereas fixation of upper age limit is to be decided by the Government time to time.;