- (1.) Heard counsel for the parties.
(2.) State has filed a supplementary counter affidavit on 09.10.2017. As per the stand conveyed in the instant affidavit at paragraph-11 and 12, no age relaxation can be given to the descendants of the Chowkidars who claim consideration for appointment. Jharkhand Chowkidars Gradation Rules, 2015 notified on 07.04.2015 prescribes the minimum age of 18 years and the maximum age applicable under the Circular issued by the Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand from time to time. Chowkidars who were appointed on inheritance basis have been removed / terminated in compliance of the order passed by this Court earlier vide judgment dated 17.11.2011 rendered in WPS No. 2072/2007. As per the 2015 Rules, eligibility criteria of educational qualification, written test and physical test have been prescribed for appointment as Chowkidar and as such, no age relaxation can be granted to the terminated Chowkidars who intend to participate in the process of appointment of Chowkidars. Candidates would be strictly guided by the terms provided in the advertisement.
(3.) The present matter has been converted into a public interest litigation pursuant to an order passed on 22.02.2016 after taking note of the judgment rendered by the Apex Court in the case of Surendra Paswan & others vs. State of Bihar and others, 2010 3 JCR 161(SC). Later on, this Court was informed on 16.12.2016 that Home Department was deliberating the matter in view of the ratio laid down by the Apex Court in the case of Surendra Paswan & others . Latest affidavit has been filed in that light. Learned counsel for the State further submits that all such Chowkidars who were appointed on the basis of inheritance after 19.04.2010, have been terminated / removed in compliance of the order passed in WPS No. 2072/2007 dated 17.11.2011.;