MOUN MOURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioners were appointed as AYUSH Doctors pursuant to 2007 advertisement on contract basis initially for two years in the year 2008. Period of contract of two years stood expired in the month of September, 2010. Request of the petitioners for extension of contractual period over and above September, 2010 was not acceded to. Respondents have issued fresh advertisement in question, Advertisement No. 07 of 2012 for appointment of AYUSH Doctors for School Health Programme on contract basis. Upper age limit prescribed in the advertisement in question is 35 years. Petitioners have knocked the door of this Court, while invoking Article 226 of the Constitution of India, assailing the upper age limit fixed in the advertisement on the ground that there is no upper age limit prescribed for the appointment of AYUSH Doctors on contract basis either in any Rules or in the Government policy, therefore, fixation of upper age limit of 35 years in the advertisement is without jurisdiction and same is also arbitrary and unjust.

(2.) Mr. Anil Kumar, learned counsel for the petitioners, has vehemently argued that in the previous advertisement of 2007, no upper age limit was prescribed; while referring to the Government policy, Annexure No. 1, he contends that period of contract can be extended till the age of 60 years, therefore, appointment on contract basis can also be made till the incumbent reaches to the age of 60 years.

(3.) I have heard learned counsel for the parties and have carefully perused the record.