BINITA MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) MR . Prashant Pallav, appearing for the petitioners, submitted that petitioners who were graduates and working as Angan Bari Sevika since 1983 were not allowed to appear in the examination on the ground that they crossed the upper age limit. He argued that there is no bar for an Angan Bari Sevika, from applying against the direct recruitment of 75% posts of Supervisors and, therefore, the age relaxation of five years provided in Clause 7 of the Rules in question is applicable to the candidates directly applying for appointment of Supervisor against 75% posts and not to the candidates applying against the rest 25% posts. He thus submitted that there is no upper age limit at all for such Angan Bari Sevika, who applies against 25% posts, like the petitioners. He lastly submitted that recruitment of Class III post is to be done through Public Service Commission, but an advertisement was issued on 28.11.2007 from the office of the Divisional Commissioner for filling up 25% post of Supervisor from Angan Bari Sevika.

(2.) IT appears that under the powers conferred under Article 309 of the Constitution of India, Jharkhand Child Development Non - Gazetted Personnel Recruitment and Service Conditions Rules, 2006 (for short "the Rules") has been framed by the Government of Jharkhand on 22.5.2006. The following clauses of the Rules are relevant: 4. Source of Recruitment and Status of Posts ... (c) Lady Supervisor. - -Seventy -five percent of this post shall be filled by direct recruitment Women Graduates with Sociology or Psychology or Home Science or Child Development as one of the subjects shall be eligible for such recruitment. Rest 25% posts shall be filled by such Angan Bari Sevikas, who are either Graduates with 10 (ten) years satisfactory service, or Matric passed with 15 (fifteen) years satisfactory service. This post shall be in Child Development Projects. The cadre of this post shall be a Divisional Cadre. 5. Procedure of Recruitment. - -Recruitment to Class III posts meant for direct recruitment shall be made through the Commission. Recruitment to the direct recruitment posts of class IV shall be made by the Divisional Commissioner concerned. 7. Age. - -The candidate for direct recruitment shall have to fulfill the condition of the prescribed maximum and minimum age limit on the last date of filing application in the calendar year in which the appointing authority publishes the vacancies for direct recruitment. The maximum and minimum age limits shall be as prescribed by the State Government for various categories. An additional relaxation of 5 (five) years shall be provided in the case of Angan Bari Sevika for appointment to the post of Lady Supervisor.

(3.) IT further appears that it is clearly mentioned in Clause 4(c) that the cadre of Ladies Supervisor shall be of Divisional Cadre. Therefore, the first portion of Clause 5 is meant for selection of direct recruits against 75% post through the Commission, and the posts being of Divisional Cadre, the rest 25% post could be advertised by the Divisional Commissioner. Thus the contentions of Mr. Pallav that there is no upper age limit for an Angan Bari Sevika who wishes to apply against 25% of the posts of Ladies Supervisors, and that the Divisional Commissioner, could not advertise for such 25% posts; has no merit. Accordingly, this writ petition is dismissed. However, no costs.