SUDHIR KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed for issuance of direction to the respondents to implement the circular issued by the Central Government and State Government for age relaxation for OBC and also for issuance of an appropriate direction to re-fix the age relaxation of Scheduled Caste and Scheduled Tribe candidates and to provide for relaxation of three years as five years.

(2.) Jharkhand Public Service Commission (JPSC) issued Advertisement No.4/2013 published in various newspapers on 10.12.2013, by which applications were invited from the eligible candidates for the post of Civil Judge (Junior Division) (Munsif) fixing the maximum age of 35 years for the candidates of general category including backward classes. As per proviso to Rule 5, in case of female candidate or candidates belonging to Scheduled Caste or Scheduled Tribe, there shall be a relaxation of the upper age limit by 3 years. As per Rule 5, there is no age relaxation of upper age limit for the backward class.

(3.) The writ petitioner is the aspiring candidate for the examination. The case of the petitioner is that the posts have already been reserved for backward classes i.e. 9 seats for BC-I, whereas seven seats for BC-II, while seats are being reserved for Scheduled Caste and Scheduled Tribe who have been given relaxation of upper age limit by three years, there is no such age relaxation given to the backward classes. It is the contention of the petitioner that as the backward classes come within the purview of weaker section of the society, Central Government as well as other State Governments are giving concession in the age fixation of other backward classes in upper age limit by five years and further relaxation in age and while so, the respondents have also to consider the relaxation in upper age limit of the backward classes by five years along with Scheduled Caste and Scheduled Tribe. Hence, this writ petition.