Virender Singh, C.J. - (1.) THE petitioner, being not eligible for not having completed 19 years on 01.08.2014, the cut -off date with regard to the age as indicated in the Advertisement No. 1/2014 issued by the Jharkhand Staff Selection Commission (respondent No. 5) for the appointment of Junior Engineers in the Department of Road Construction, Water Resources and Drinking Water and Sanitation, has thrown challenge to rule 8 of the Jharkhand Sub -Ordinate Engineering Cadre (Junior Engineer, Civil/Electrical/Mechanical) Service Rules, 2013 (for short Service Rules of 2013) asserting that there appears to be no rationale in fixing the age as 19 years, that too on 01.08.2014 which is mid of the year whereas in many other Departments minimum age prescribed is 18 years.
(2.) THE date now fixed by the respondent No. 3 for conducting written test is February, 1st 2015. Mr. Anand, learned counsel appearing for the petitioner, submitted that the petitioner, immediately after advertisement was notified somewhere in July, 2014, moved representation before the concerned Department where the matter was deliberated upon and ultimately the Secretary to the concerned Department prepared a favourable note for amendment in Service Rules of 2013, suggesting slashing down of minimum age from 19 to 18 years but on account of Model Code of Conduct, the said note could not be placed before the Cabinet for its approval. Learned counsel has brought our attention to the said note available on page 26 of the supplementary affidavit annexed with the writ application.
(3.) LEARNED counsel submitted that not only the petitioner but thousands of other candidates, who had not attained the age of 19 years on 01.08.2014 have been deprived of the opportunity of participating in the selection process whereas they all are having Diploma in Engineering, which is also one of the eligibility criteria. Learned counsel submitted that losing an opportunity on account of fixing the age as 19 years instead of 18 years would cause grave prejudice to the petitioner and all other similarly situated candidates. Hence, this petition.;