1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2799/2011 ( Giridhar s/o Ishnath Nandapure & others ..V/s.. The State of Maharashtra, through Secretary, Department of Public Health, Mumbai and others ) ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. P.D. Meghe, Adv. for petitioners. Ms T. Khan, A.G.P. for respondent nos.1 to 4. CORAM : S.A. BOBDE AND M.N. GILANI, JJ. Reserved on : 29.08.2011. Pronounced on : 02/09/2011. Order 1. By this petition, the petitioners are claiming consideration of their candidature to the posts of Arogya Sevaks and their appointments against the vacant posts in the said cadre. 2. The petitioners have been working as Spray Workers since the year 1995 – 1996. The petitioners are being engaged as Spray Workers purely on temporary basis for a period of four months in a given year. This is towards Malaria Eradication Programme, which the respondents are required to implement. In order to ameliorate the conditions of Spray Workers the Government decided to create posts of Arogya 2 Sevak. The Selection Committee consisting of Collector, the Assistant Director, the District Malaria Officers were formed. Such Committee formed for the district Chandrapur published an advertisement for 40 posts of Arogya Sevak to be appointed on contract basis on monthly honorarium of Rs.6,000/- and for a period of 11 moths. The petitioners are not fulfilling the criteria prescribed for the said posts. Therefore, they approached this Court seeking directions to the respondents to consider their candidature for the said posts. 3. The perusal of the advertisement, issued by the Selection Committee constituted for the Chandrapur district shows that for the posts of Arogya Sevak one has to be below 35 years of age as on 31/7/2010 and must have passed S.S.C. Examination or higher. It seems that the petitioners herein have already crossed age of 35 years and as such they are not eligible for the said posts. It is not mentioned in the petition as to what educational qualification each of the petitioners hold. It is the grievance of the petitioners that they are entitled to get relaxation in the age on the ground that they had been working as Spray Workers since the year 1995- 1996. Learned counsel for the petitioners relied upon Circular dated 1st November 2003. Frankly speaking, this relates to those who are already in Government service and therefore, the 3 petitioners cannot derive any aid out of this. Only on the ground that in the past they were employed as casual workers to undertake spraying pesticides would not clothe them with any right to be appointed as Arogya Sevak particularly when they are not fulfilling the requisite criteria for the said post. The educational qualification and the age limit fixed by the respondents for the post of Arogya Sevak is the policy decision and this Court in exercise of writ jurisdiction will not interfere with it. It is well settled that, policy decision is not vulnerable to challenge unless it is shown that such decision is arbitrary, unreasonable or violative of fundamental rights of the petitioners. That being so, we do not see any merit in this writ petition. Writ petition is dismissed with no order as to costs. JUDGE JUDGE Tambaskar.