BINDESHWARI PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Question before me in this writ petition is whether the petitioner is entitled to exemption from appearing in the departmental examination in terms of the decision of the Government dated 15th May, 1992. What will be the consequence of such exemption is, however, not in issue in this writ petition and, accordingly, I have not applied my mind in relation thereto.

(2.) A bare look at the said decision of the Government would show that a person is entitled to exemption only upon attaining the age of 50 years. In order to have such exemption, such a person is required to continuously appear in such examination without success or within last five years before his attaining the age of 50 years, no examination had taken place. The said decision of the Government makes it abundantly clear that such exemption is optional and not compulsory.

(3.) In terms of the said decision, I would, therefore, logically conclude that a person, who has crossed the age of 50 years, is entitled to exercise option to seek exemption provided he has continuously tried to pass the examination but failed or no examination was held within last five years before his becoming 50 years of age. The moment such option is exercised, if the person concerned has satisfied the eligibility criteria, he is entitled to the same.