SANTOSH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed for direction upon the respondents to consider the case of the petitioner for appointment as constable in BMP 9. On the own case of the petitioner he was under age on the cut -off date. Whereas the candidates were required to possess the minimum age of 19 years on 1.1.1999, the date of birth of the petitioner being 2.1.1980, he was below the prescribed age.

(2.) COUNSEL for the petitioner made two -fold submissions. Firstly he submitted that not only the candidature of the petitioner was entertained but he was also allowed to participate in the tests; secondly, that the authorities have jurisdiction to relax the requirement.

(3.) BOTH the submissions in my opinion are devoid of substance. As the petitioner was under age on the cut -off date, if by mistake the authorities allowed him to participate in the tests, it cannot create any legal right to the petitioner for his appointment. So far as the question of relaxation is concerned, there may be justification to condone the upper age limit for if such condonation is not granted in appropriate case, the candidate concerned is deprived of his chance of appointment for all times but in a case where the candidate is under age on the cut -off date, he may get chance of appointment in the next recruitment.