RAVI KUMAR LAMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, in this case, has asked for issuance of or in the nature of mandamus directing the respondents to appoint him as a Sepoy in the Bihar Military Police Service.

(2.) The fact of the matter lies in a narrow compass. An advertisement was issued on 8-5-1993 inviting applications for appointment of 95 Sepoys. The last date for submitting the applications was 10-6-1993. The petitioner submitted his application on 10-6-1993 and he was directed to appear before the Selection Board. According to the petitioner, he has already been selected but he has not been appointed on the ground that he was not aged 19 years on 1-6-1993.

(3.) Mr. Upendra Prasad, learned Counsel for the petitioner, drew our attention to Rule 661(b) and 663 of the Bihar Police Manual and submitted on the basis thereof that in terms of the said rules persons in between the age of 19-27 years are to be selected. Learned Counsel submitted that as on the date of selection of the petitioner, he crossed 19 years of age, there was no impediment in his appointment. Learned Counsel further submitted that in any event the respondents have the power to relax the age limit and in that view of the matter, as the petitioner was called for interview and was also directed to appear in further tests, the age bar would be deemed to have been relaxed. It was stated that in any event the appointment of the petitioner shall be governed by Rule 10 of the Bihar Military Police Manual which provides for appointment of a person who is aged 18 years and in respect of Nepalis the age of appointment is 16 years. Learned Counsel further submitted that in view of the fact that the appointment of the petitioner was to be governed by the Bihar Military Police Manual, the impugned advertisement must be held to be bad in law and in terms of the statutory provisions, the petitioner is entitled to be appointed.