IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14977 of 2009 1. VIKASH KUMAR PANDEY S/O SRIKANT PANDEY VILL.- DHARKANDHA, P.S.- DAWAT, DISTT.- ROHTAS AT SASARAM Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY PANCHAYATI RAJ DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE ROHTAS AT SASARAM 3. THE DISTRICT PANCHAYATI RAJ OFFICER ROHTAS AT SASARAM 4. THE BLOCK DEVELOPMENT OFFICER DAWAT, DISTT.- ROHTAS AT SASARAM 5. THE GRAM PRAKHAND SUPERVISOR DAWAT, DISTT.- ROHTAS AT SASARAM ----------- 2. 25.11.2009 Heard learned counsel for the petitioner and the State. The Rules regulating appointment on the post of Secretary, Gram Kutchery in clause 5(b) provide that the candidate must be over 18 years of age as on the Ist of January of the year of appointment when the maximum age would be in accordance with that fixed by the State Government in the Department of Personnel and Administrative Reforms. Learned counsel for the petitioner fairly submits that on the date that the petitioner applied to be considered for appointment he did not attain the eligibility requirement of 18 years and was short by a few months. The contention, however, is that it is not the date of application, which is relevant for determining the age as on the Ist of January of that year but it shall be the date of counselling which shall be taken into consideration for the age eligibility of the candidate. The petitioner fulfils the requirement of the minimum age as on the date he has been called for counselling and which shall be the relevant date for appointment. Counsel for the State opposed the application to 2 submit that the relevant date for fixation of eligibility would be the date of application. The advertisement, notice or other mode of publication inviting applications for appointment on a post fixes the eligibility and qualification inclusive of age. Unless otherwise provided in the advertisement, the last date for receipt of the applications shall be crucial for determination of eligibility of age. A person not meeting the eligibility conditions is not eligible to apply. He cannot apply despite non-fulfilment of conditions and subsequently urge that by the time consideration for appointment will arise, he will meet the eligibility. Acceptance of any such application of ineligible person would not only be arbitrary under Article 14 of the Constitution but shall also be violative of equality clause contained therein as others similarly situated who may have considered themselves ineligible because of the age requirement could have also applied, if they were aware that the age eligibility was not mandatory. The submission of the petitioner that particular advertisement/notice did not specify any age limit merits no consideration in view of the specific age eligibility incorporated in the statutory rules framed under Section 94(1) read with Section 146 of the Bihar Panchayat Raj Act, 2006. The writ application is dismissed. AKS/ (Navin Sinha, J.)