LAWS(PAT)-2016-10-22

SATYENDRA KUMAR SINHA S/O LATE BISHWANATH PRASAD AT & P.O. GOPALBAD, P.S. SARMERA, DISTRICT NALANDA Vs. THE STATE OF BIHAR

Decided On October 05, 2016
Satyendra Kumar Sinha S/O Late Bishwanath Prasad At And P.O. Gopalbad, P.S. Sarmera, District Nalanda Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 05.05.2014 in C.W.J.C. No. 441 of 2014, whereby the challenge of the appellant to the advertisement (Annexure-4) issued by the Bihar Rural Development Society for appointment on contract basis fixing the maximum age limit as 35 years remained unsuccessful.

(2.) The stand of the appellant is that in terms of the State Government resolution dated 18.07.2007, the maximum age limit for appointment on contract basis is 65 years, and therefore, fixing the maximum age limit as 35 years is not tenable, as it runs counter to the decision of the State Government.

(3.) Learned counsel for the appellant relies upon an order passed by the learned Single Bench of this Court in C.W.J.C. No. 16920 of 2012 (Raj Kishore Roy v. The State of Bihar & Ors.) decided on 05.12.2012 , wherein as per the advertisement, maximum age for recruitment on contract basis was fixed as 50 years. But when the candidate appeared for interview, he was not allowed for interview as he was 57 years of age and thus over age. On the basis of resolution dated 18.07.2007, the writ applicant was permitted to participate in the interview.