MOHAMMAD YUSUF ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mrigank Mauli, learned Senior Counsel appearing on behalf of the petitioners, Mr. Md. N.H.Khan, learned Standing Counsel No. 1 and Mr. Nikesh Kumar, learned counsel for the Bihar Technical Service Commission.

(2.) The Bihar Technical Service Commission has invited applications for recruitment against the posts of Ayurvedic Medical Officers/Unani Medical Officers vide advertisement Nos. 4/2020 to 9/2020. The upper age limit for Open Category candidates has been prescribed as 37 years; 42 years for Scheduled Caste and Scheduled Tribe category candidates and 40 years for Backward/Extremely Backward Class candidates. Clause 3(v) of the advertisement extends a maximum of 12 years of age relaxation in upper age limit, category-wise, for such persons only who are working on contractual basis. The said relaxation has been granted with reference to letter No.212 dtd. 23/1/2006 of the General Administration Department, Government of Bihar. This is not in dispute that the letter of the General Administration Department dtd. 23/1/2006 contemplates grant of age relaxation for all such eligible candidates, who become over aged for a post because of absence of any recruitment process for selection in the meanwhile.

(3.) Some of the candidates, who were not working as contractual employees, had approached this Court by filing a writ petition giving rise to C.W.J.C. No. 8888 of 2020 raising a grievance that age relaxation should not be confined only to contractual employees. Taking note of the stipulation in the General Administration Department's letter No. 212 dtd. 23/1/2006, this Court had disposed of the writ application with following directions and observations : -