Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties. Essentially, the petitioner has challenged the fixation of cut -off date 1.8.2014 under Advertisement Nos. 6/2014 and 7/2014 published on 20.3.2015 by the Respondent No. 5 -Jharkhand Staff Selection Commission, whereunder the upper age limit of the applicants is to be reckoned as per Clause 4(2) in different categories.
(2.) IN support of the aforesaid contention, it is submitted by the learned Senior Counsel for the petitioner that in the State of Jharkhand, after its creation, never before such recruitment exercise for appointment to the post of Assistant Superintendent in Sericulture Service Cadre (Industries Department) has been held. Petitioner has passed Graduation in Silk Technology from Bihar Institute of Silk and Textiles in 1995 from Bhagalpur at the age of 24 years. He would be definitely age barred on account of such fixation of cut -off date for the purposes of reckoning the upper age limit. Therefore, the respondents should accordingly accord relaxation in the upper age limit to enable the qualified person like the petitioner also to participate. Reference has been made to the provisions of Chapter -III and also Appendix -ga where an additional qualification of two years experience was also required apart from the main qualification of B.Sc. (Silk Technology)/B.Sc. (Sericulture)/Agri -culture/Horticulture/Zoology. Reference has been placed upon a judgment rendered by this Court in the case of Kokila Devi vs. State of Jharkhand & Others and analogous cases reported in [ : 2014 (4) JLJR 470] in the matter of recruitment of Assistant Teachers in Government Primary Schools by the respondents. Contention of the petitioner has been opposed by the learned counsel for the State and Recruiting Agency -Jharkhand Staff Selection Commission. It is urged that the advertisement is fully in consonance with the provisions of 2013 Rules which prescribes the manner of laying down of age limits which is to be done in terms of the Notification of Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand for each category of persons. It is also urged that the ground relating to additional two years experience is of no consequence to the petitioner as he would be otherwise qualified in that respect in terms of the advertisement which prescribes the provisions relating to the educational qualification at Chapter -Ka Clause (ii) thereof. Learned counsel for the respondents therefore submits that such ground to challenge the fixation of upper age limit, is not tenable in law and should not be interfered.
(3.) I have considered the submissions of the parties and gone through the relevant materials on record. Challenge to the fixation of age limit in such recruitment exercise undertaken through public notice, is to be substantiated on the ground that it is either arbitrary and does not have any rationale. On consideration of the grounds urged by the petitioner, it cannot be said that on the ground that the petitioner has completed B.Sc., Silk Technology (Sericulture) in 1995 and that no examination were held by the State of Jharkhand for the purposes of filling up the vacancies till the impugned advertisement, the fixation of upper age limit would itself be arbitrary and without rationale. From the rules, it is evident that the reckoning of vacancies are to be done on 1st January of the calendar year in which recruitment exercise is done. The age limit under unreserved/OBC/SC/ST/as also female category is prescribed in terms of the Notification of Department of Personnel, Administrative Reforms and Rajbhasa. The advertisement is of 2014, though it has been published on 20.3.2015. In matters of reckoning of upper age limit in any such recruitment exercise, the upper age limit is ordinarily reckoned with effect from the date either 1st January of the said year or 1st August of the said year.;