D.N. Patel, A.C.J. - (1.) These writ petitions have been preferred by the petitioners for change of cut-off date which is prescribed in the public advertisement for the post of District Judges from the Bar. Advertisement No.1 of 2017 was issued on 13.10.2017 in the public Newspaper and the cut-off date for the age of the candidates is 31.01.2016 as per Rule 9 of the Jharkhand Superior Judicial Services (Recruitment, Appointment and Conditions of Service) Rules, 2001 (for the sake of brevity hereinafter referred to as 'the Rules, 2001'). The minimum age was 35 years and the maximum age limit was 45 years for the general category candidates as on 31.01.2016. These petitioners are claiming change of cut-off date instead of 31.01.2016, it should be 31.01.2011 (as prayed in W.P.(S) No.6204 of 2017 as well as in W.P.(S) No.6699 of 2017), whereas in another writ petition, there is prayer that cut-off date should be instead of 31.01.2016, it should have been 31.01.2013 (as prayed in W.P.(S) No.6302 of 2017). Thus, for change of cut-off date and for accepting " accommodative approach", these writ petitions have been preferred.
(2.) Factual Matrix - Public advertisement No.1 of 2017 has been given in the Newspaper inviting applications for the post of District Judges from the Bar. The total vacancy advertised is 17. - Rule 9 of the Rules, 2001 reads as under :- "9. Eligibility : A candidate shall be eligible to be appointed as an Additional District Judge under these Rules, if : (a) he is above the age of 35 years and below the age of 45 years as on the last day of January preceding the year in which the examination is held; provided that in the case of candidate belonging to scheduled caste or scheduled tribe, there may be a relaxation of upper age limit by three years; (b) is a graduate in law from a University recognized for the purpose of enrollment as an Advocate under the Advocates' Act, 1961; (c) has an experience of more than seven years at the Bar as a practicing Advocate after having been duly enrolled as such under the Advocates, Act, 1961; (d) Possesses good health, is of sound moral character and is not involved in, or related any criminal case of any type involving moral turpitude." - The petitioners in all the aforesaid writ petitions are general category candidates, and hence, as on cutoff date, i.e., 31.01.2016 the minimum age should be 35 years and maximum should be 45 years only. Thus, general category candidates can apply for the post in question. - Preliminary examination for the aforesaid post is going to be conducted after 4 days, i.e., on 25.02.2018. As the advertisement was given in the year 2017, the cut-off date of all the candidates is 31.01.2016 which is eventually applicable to all the general category candidates and other candidates for calculation of their age limit. - The last date for preferring the application was 15.11.2017, whereas writ petition being W.P.(S) No.6699 of 2017 has been filed on 17.11.2017 with a prayer of change of cut-off date so as to accommodate the petitioners. - In W.P.(S) No.6302 of 2017, the date of birth of the petitioner Krishna Kumar Mishra, is 01.12.1970, and hence, his age as on cut-off date 31.01.2016, is 45 years and 02 months. Thus, this petitioner is seeking cut-off date to be shifted for two months which can be 30.11.2015. Nonetheless, in this writ petition prayer for change of cut-off date is demanded by this petitioner is 31.01.2013. We do not see any reason of such prayer which includes two more years, though not required for this petitioner. - There are four petitioners in W.P.(S) No.6204 of 2017 and the date of birth of the petitioners are as follows :- JUDGEMENT_118_LAWS(JHAR)2_2018_1.html - In writ petition being W.P.(S) No.6699 of 2017, the date of birth of the petitioners are as under :- JUDGEMENT_118_LAWS(JHAR)2_2018_2.html - Thus, these petitioners are seeking separate cut-off date instead of 31.01.2016 so that they can also be accommodated and so that they can be more eligible than what is prescribed under Rule 9 of the Rules, 2001. - Thus, all these petitions have prayed for change of cut-off date from 31.01.2016 to 31.01.2011 (as prayed in W.P.(S) No.6204 of 2017 as well as in W.P.(S) No.6699 of 2017) and 31.01.2013 (as prayed in W.P.(S) No.6302 of 2017).
(3.) The arguments canvassed by the counsels for the petitioners : I. Senior counsel, Mr. Rajiv Ranjan, has submitted that the date of preliminary examination is 25.02.2018, i.e., after 04 days, and hence, let these petitioners be allowed to appear in the ensuing examination or the matter may be finally heard by this Court. II. It is further submitted by the counsel for the petitioners that change of cut-off date is necessary because earlier the examination for the post of District Judges was conducted in the year 2011 and this examination is conducted after 07 years. In fact cut-off date should have been 31.01.2011. III. It is further submitted by the counsel for the petitioners that in the several decisions given by this Court, the cut-off date has been altered and reliance has placed upon the decisions reported in 2008 (2) JLJR 543; 2005 (3) JCR 505; (2006) 9 SCC 507; 2014 (1) JLJR 217 (for the interim relief) and the judgment and order dated 16.01.2014 in W.P.(S) No.7526 of 2013. On the basis of the aforesaid decisions, it is submitted by the learned senior counsel that cut-off date can always be altered by this Court. In a decision given in W.P.(S) No.7526 of 2013, cut-off date was shifted from 31.01.2013 to 31.01.2009. Every year examination is not being conducted though it is required as per the judgment delivered by the Hon'ble Supreme Court reported in (2006) 9 SCC 507, and hence, let the cutoff date be shifted from 31.01.2016 to 31.01.2011 so that all these petitioners may be accommodated. IV. It is also submitted by the counsels for the petitioners that vacancies are of the year 2011, and hence, the cut-off date should be prescribed as on 31.01.2011.;