NIJAMUDDIN ANSARI Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of this Court has been preferred against the order, dated 24.03.2015, passed by a learned single Judge, in CWJC No. 3966 of 2015, whereby learned single Judge has dismissed the writ application filed by the appellant under Article 226 of the Constitution of India.

(2.) The appellant had approached this Court by filing the aforesaid writ application under Article 226 of the Constitution of India, giving rise to CWJC No. 3966 of 2015, seeking quashing of an order, dated 08.12.2014, passed by the District Education Officer, Nalanda, whereby he had refused to approve the appointment of petitioner made by the Managing Committee of the G.M.K. plus two High School, on the post of Assistant Teacher in Sanskrit. The said School is said to be a minority Institution. Refusal to approve the appointment of the appellant by the District Education Officer, Nalanda was on the ground that at the time of his appointment, the appellant was 46 years of age which was more than a permissible upper age limit, as prescribed by the State Government of Bihar, for appointment to the post.

(3.) This is not in dispute that the State Government of Bihar has generally prescribed maximum upper age limit of 37 years for general category candidates, 40 years in backward Class/extremely backward class candidates and 42 years of Scheduled Caste and Scheduled Tribe candidates, for appointment against various posts under the State Government.