GAUTAM KUMAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) I .A. No. 3439 of 2008 has been filed assailing the order of termination of services of the petitioner dated 6.5.2008. Having heard the Learned Counsel for the parties and considering that it is only a sequel to the order of the Public Service Commission recommending cancellation of the candidature of the petitioner vide Annexure -7 dated 21.1.2008, the same is allowed. The pleadings and the challenge laid down in the Interlocutory Application shall form part of the pleadings of the original writ application.

(2.) AN advertisement was published by the respondent -Health Department on 5.5.1997 inter alia for Grade -IV posts. The maximum age limit as on the date of advertisement was prescribed as 18 -35 years as on 31.12.1996. The petitioner applied in response to the same for the Grade -IV post. He competed successfully in the written examination held in 2005 and his name appeared at serial 105 of the merit list. The authorities verified his certificates on 11.7.2000 and 23.6.2005 whereafter the petitioner joined duties in pursuance of letter of appointment dated 26.11.2005. The order dated 21.1.2008 then came to be passed by the respondent -Commission recalling and annulling its recommendation with regard to the petitioner on the ground that he was underage in terms of the advertisement. In pursuance thereof the impugned order of termination dated 6.5.2008 has been passed.

(3.) LEARNED Counsel for the State sought to justify the impugned order on the simple premise of the petitioner admittedly being not eligible, for reasons of his age.