N.N.TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to allow him to fill up the Application Form and to appear in the examination for the post of Additional Public Prosecutor (APP for short) pursuant to the Advertisement No. 3/04 -05 to be held by Jharkhand Public Service Commission (JPSC for short), Ranchi.
(2.) IT has been stated that the petitioner has been working as an Assistant in the Civil Court, Godda and has applied for appearing in the examination for the post of A.P.P. His application for APP was forwarded by the District & Sessions Judge, Godda on 37.5.2005. It has been stated that one of the conditions was that the candidate ought to have completed at least one year practice as an Advocate before 31.1.2005 and his upper age limit on 31.5.2005 should not exceed 35 years age. It has been submitted that the petitioner fulfills the other requisites criteria but he has crossed the upper age limit. It has been submitted that since after the creation of the State of Jharkhand in 2000. the examination has been held in 2005 and considering the same, the JPSC and the State - respondents have allowed benefit of age relaxation for the other examinations and the petitioner is also entitled for the said benefit. A counter -affidavit has been filed on behalf of JPSC stating inter alia that the petitioner has crossed the prescribed age limit and that the decision of fixation of upper age limit is not of the Commission but the same has been fixed by the State Government while only cut -off date has been fixed by the Commission. It has been submitted that the Commission has got no power of giving any age relaxation and that this matter is related with the State Government.
(3.) A counter -affidavit has also been filed on behalf of the State respondent No. 3, Secretary, Department of Law & Justice, Government of Jharkhand but the fact that in earlier cases, relaxation of age has been allowed has not been denied. However, nothing has been stated as to why the age has not been relaxed in the instant case.;