ANIL KISHORE PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is aggrieved by an order dtd. 24/1/2017, passed by the Division Bench of the High Court of Judicature at Patna whereunder, an intra-Court Appeal(LPA No. 1892 of 2015) filed by the respondent no.8 herein against an order dtd. 7/3/2013, passed by the learned Single Judge in a writ petition(CWJC No. 15685 of 2012) filed by the appellant herein was allowed and as a result thereof, the order passed by the respondent no.1-State Government in compliance of the order passed by the learned Single Judge to appoint the appellant, if his date of birth was found to be within the permissible range as on 1/1/2011, was set aside.

(3.) A reference to the brief facts of the case is considered necessary. Vide memo dtd. 13/10/2011, the District Employment Officer, West Champaran, Bettiah published an advertisement inviting applications from suitable candidates for appointment to the post of Amins on contractual basis. The cut off date of the age as per the District level vacancy was fixed as 40 years as on 1/1/2011, for the Economic Backward Class(For short the 'EBC') category, both males and females. The appellant applied for selection to the said post pursuant to the advertisement dtd. 13/10/2011. It is not in dispute that as on 1/1/2011, the appellant's age was 39 years 11 months and 27 days. In other words, the appellant qualified the age criteria in terms of the subject advertisement. The records reveal that in pursuance to a letter(No. 446(4)/Revenue (dtd. 4/11/2011)) subsequently issued by the Principal Secretary Revenue and L.R. Department, Government of Bihar, another notice was displayed on the Notice Board of the Collectorate, West Champaran on 15/11/2011, stating that interested parties could apply till 30/11/2011.