LAWS(JHAR)-2008-4-86

SANJEEV KUMAR SAHAY Vs. STATE OF JHARKHAND

Decided On April 30, 2008
Sanjeev Kumar Sahay Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) BY Court. - Respondent No. 2 Jharkhand Public Service Commission, Ranchi issued Advertisement No. 13/2008 publishing in different newspaper dated 29.3.2008 invited applications from the candidates who were law graduates for the post of Civil Judge (Junior Division Munsif) fixing the minimum age of 22 years and maximum age of 35 years for the candidates of general category on the cutoff date 31.1.2008.

(2.) PETITIONERS are the law graduates and most of them are regularly practicing as advocates in different courts including High Court in the Jharkhand State. the contention of the petitioners is that be cause of the fixing of maximum age as 35 years for the general category candidates on the cut -off date i.e. 31.1.2008, petitioners who have crossed 35 years of age on 31.1.2008 shall be deprived of from appearing in the examination. Petitioners' further case is that no examination for appointment to the post of Civil Judge (Junior Division Munsif) has been held after 2001. Because of the inaction on the part of the respondents, examination could not be held after 2001 and it is only after seven years after creation of the State of Jharkhand, advertisement has been published. Writ petitioners, therefore, prayed that cut -off date fixed as 31.1.2008 for upper age limit as 35 years in respect of applicants of general category be substituted to 31.1.2002 by giving relaxation in age.

(3.) WE have heard learned counsel for the petitioners, the learned Government Advocate, learned counsels for the Jharkhand High Court and the J.P.S.C. We have also heard learned Advocate General.