VIJAY KUMAR GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN these writ petitions, the petitioners have sought interference of this Court for quashing the Advertisement no.25/12 dated 07.01.2012, issued by respondent -Jharkhand Public Service Commission(JPSC for short) and directing them to proceed with the process of examination for appointment on the posts of Assistant Public Prosecutor(APP for short) after giving age relaxation up to five years.

(2.) IT has been stated that by Advertisement no.25/12, JPSC has invited applications from the eligible candidates for holding examination for appointment on the posts of APP. The age limit for general candidates has been fixed as 35 years as on the date of advertisement. It has been stated that the first examination for appointment of APP was held in the year 2006. For the purpose of said appointment, age limit for general candidates was fixed for 35 years. One candidate, namely, Subodh Kumar Jha, aggrieved by the said fixation of age limit, had preferred writ petition being W.P. (S) no. 2628 of 2005 seeking direction on the respondents to consider relaxation of age. This Court had directed the State Government for relaxation of age to those candidates, who had crossed maximum age limit.

(3.) THE respondents have contested the writ petitions. It has been stated, inter alia, that the rule for appointment on the post of APP has been framed and brought into effect by Notification no.3418 dated 27.08.2011 and minimum and maximum age has been fixed for all candidates of all the categories. For general candidates, upper age limit is 35 years. The JPSC is bound by the said statutory rule, framed under Article 309 of the Constitution of India. The petitioners have crossed the prescribed upper age limit of 35 years and are not eligible for the said examination. They are also not entitled for any age relaxation, on the ground that the examination for the appointment is being conducted after lapse of years from the earlier examination.