RADHIKA SHARMA Vs. STATE OF JHARKHAND AND ANR.

JUDGEMENT

(1.) PURSUANT to Annexure 1 advertisement dated 28.8.2002, the petitioner applied for appearing in the Primary Trained Teacher's Appointment Examination scheduled to be held in the State of Jharkhand. In column 2 there was no prescription of an upper age limit for appearing in the examination. The petitioner duly applied. The advertisement did not fix a date for the examination. It only indicated that the date of the examination will be announced later. But before any date could be announced for holding the examination, the non -prescription of an upper age limit and the qualification prescribed for selection were challenged before this Court in a series of writ petitions. On 3.12.2002, a division bench of this Court, to which one of us is party (R.K. Merathia, J.) struck down Rules 4(d) and 8(d) of Jharkhand Primary Schools Appointment Rules, 2002. Rule 4(d) fixed no upper age limit for candidates to appear in the ensuing examination alone and Rule 8(d) provided a qualification of middle standard level for the examination. This Court struck down those provisions. In paragraph 12 of the judgment reported as Satya Narayan Pandey and Ors. v. State of Jharkhand and Ors. , 2003 (1) JLJR 322, this Court held that "non -prescription of upper age limit and the fixation of the middle -level examination knowledge expected of candidates are arbitrary, suffering from non -application of mind and not based on intelligible differentia or any nexus sought to be achieved. We also hold and declare that these two stipulations are against public interest. We, therefore, strike down, both the aforesaid two stipulations in 2002 Rules, but leave open to the State in the light of the aforesaid observations to suitably recast the same in best public interest."

(2.) THE State of Jharkhand accepted this judgment. It issued a fresh notification amending Rules 4(d) and 8(d). By the amended Rule 4(d), an upper age limit was fixed with a proviso for one time relaxation up to five years. Under Rule 8(d) the standard of examination was prescribed as Primary Teacher's Training Examination, thus enhancing the standard of the examination. Annexure -A, public notice was issued for information of the applicants who had already submitted their applications pursuant to Annexure -1 advertisement.

(3.) WE are concerned in this case with age and qualification. Unfortunately for the petitioner, she was over aged by five days, as per the amended Rule 4(d). Therefore, she was not issued the admit card for appearing in the examination. She filed the writ petition in this Court on 2.6.2003.