IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5426 of 2009 DR.DHANANJAY KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 28.4.2009 Heard learned Counsel for the petitioners and learned Counsel for the State. The relief claimed is for modification on advertisement dated 19.2.2009 inviting applications for appointment on the post of Specialist doctors by enhancing the maximum age prescribed from 37 to 45. Learned Counsel submits that for several years the State of Bihar made no appointments and therefore persons like the petitioners have been deprived of the opportunity to apply for service for no fault of theirs. He further submits that keeping in mind that no appointment has been made in the undivided State of Bihar for long years, consequent upon reorganization of the State, State of Jharkhand has enhanced the maximum age limit to 45 years. Conditions of the advertisement including the maximum age is for the employer to decide and no mandamus can be issued by this Court for that purpose. This Court finds it difficult to grant any positive direction. It is an issue to be considered by the respondents that 2 when no appointment has been made for several years depriving persons like the petitioners and keeping in mind certain facts in the undivided state of Bihar, certain decisions have been taken by the State of Jharkhand after reorganization of the undivided State of Bihar. It is expected that the respondent shall consider the matter administratively. If the petitioners file a representation it is expected that it shall be considered expeditiously and the representation itself shall not be allowed to be frustrated by indecision. The writ application stands disposed. (Navin Sinha,J.) A.Kumar