Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has sought for direction upon the respondents to give the benefit of relaxation of age in the matter of appointment as Medical Officer in the State of Jharkhand in pursuance to Advertisement no.12/2010 dated 10.11.2010, published by the Jharkhand Public Service Commission, on the ground of having served Indian Army for 14 years as Short Service Commissioned Officer. Further prayer has been made to declare the notice dated 09.10.2011 issued by the respondent no.3, treating the petitioner as over aged, to be arbitrary and further prayer has been sought for direction to the respondent nos.2 and 3 to hold interview of the petitioner for the post in question.
(2.) The brief facts, as has been disclosed in the writ application, is that the petitioner having completed his MBBS course joined the Indian Army Medical Corps in Indian Army as a Short Service Commissioned Officer in the year 1997. The petitioner belongs to Scheduled Tribe community. While serving as such, an Advertisement no.12 of 2010 dated 10.11.2011 was issued for appointment as Medical Officer in the State of Jharkhand. The petitioner having served in the Indian Army for more than 5 years applied for the said post. In pursuance to his application, the petitioner appeared in the written test and was declared successful and he was issued admit card to appear in the interview. During the process of selection, when the respondent no.3 came to learn that the petitioner is over aged, letter was issued to the petitioner to explain. The petitioner submitted his representations explaining therein for grant of benefit of age relaxation of 5 years, in view of his experiences in Indian Army for 14 years. Since the petitioner was not permitted to appear in the interview on the ground of over age, left with no alternative, petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Learned counsel for the petitioner during course of hearing has submitted that the petitioner is entitled to age relaxation of 5 years since as per Rule of Combined Medical Services Examination, 2011 issued by the Ministry of Health and Family Welfare (Department of Health), Government of India dated 11.09.2010, a person who has served for more than 5 years as Short Service Commissioned Officer is entitled for age relaxation for appointment of Medical Officer. Learned counsel for the petitioner further submits that the action of the respondents in not permitting the petitioner to appear in the interview in spite of the said provisions enshrined in the rules of Combined Medical Services Examination, 2011, is violative of Article 14 and 16 of the Constitution of India.;