MALA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel for the Petitioners and Learned Counsel for the State. All these Petitioners have a long period of experience in the role of Anganbari Sevikets. When the State Government decided to create post of Angan Bari Supervisors, advertisement in this regard was issued with certain guidelines thereto. Appointment on the post of Supervisors was to be made from two sources, one from direct appointment if they fulfilled the requisite qualifications etc. in this regard to the extent of 2/3rd of the post and other 1/3rd was to be filled up from the pool of talent of experienced persons coming from Anganbari Sevika. However, the State Government laid down the maximum age in such a situation to be 45 years. Since all these Petitioners are way past 45 years of age, obviously their claim is hit by laying down the maximum age for such selection.

(2.) Submission of the Learned Counsel for the Petitioners is that there ought not to have been age bar in matters of such selection from the pool of Anganbari Sevika and the experience should be given the primary consideration in such selections. If the age bar or age relaxation is not given, prejudice is to be caused to the Petitioners. Petitioners have pressed into service the so-called request or recommendation made by the Divisional Commissioner, Muzaffarpur in his communication dated 31.12.2010 addressed to the Principal Secretary, Welfare Department, Government of Bihar, Patna.

(3.) Prima facie, the Court is of the opinion that these are policy matters and fixing maximum age for such app6int-ment by itself cannot be termed to be arbitrary. Whether some kind of considerate re-look at the age bar is required or not is a matter for the State which is going to be the recruiting authority in matters of such kind.