MAQBUL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present writ petition has been preferred mainly for the reason that the petitioner has applied for the post of Constable in pursuance of the public advertisement published in local newspaper on 13th January. 2004. The cut-off date for calculation of minimum and maximum age as per Clause 4 of the public advertisement is 1st January, 2004 and minimum age required is 19 years and maximum age in the category, for which, the petitioner has applied is 37 years. The petitioner belongs to Most Backward Class Category. In this category, maximum age limit prescribed is 37 years as on 1st January, 2004. The candidature of the present petitioner has been rejected on the ground that the petitioner was over age candidate as on 1st January, 2004. Learned Counsel for the petitioner submitted that the respondent-Government has power of age relaxation and, therefore, the petitioner's age, which is 37 years 2 months and 28 days as on 1st January. 2004 should have been accepted by relaxing the age limit for the candidature on the post of Constable. The respondents ought to have relaxed 2 months and 28 days period for the petitioner. Learned Counsel for the petitioner is relying upon Annexures-6 and 9. Annexure-6 is a judgment and Annexure-9 is a circular. Learned Counsel for the petitioner has read paragraph 3 of the judgment delivered by this Court in L.P. A. No. 660 of 2005 dated 4th May. 2006. which is at Annexure-3 to the memo of the petition.

(2.) Paragraph 3 of the aforesaid Judgment reads as under:

(3.) Learned Counsel for the petitioner further submitted that there are approximately 12.000 vacancies for the post of Constable. These vacancies were never arisen as on 1st January, 2004, but they are accumulated and are of the previous year and, therefore also, the upper age limit should have been relaxed. The petitioner is working as a Home Guard since last several years and, therefore also, the upper age limit should have been relaxed.