IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10218 of 2010 Tarkeshwar Singh son of late Yamuna Singh, R.O.V and P.S. Ram Nagar Purani Bazar, Dist-West Champaran (Bettiah) Versus 1. The State Of Bihar through Secretary cum-Commissioner Department of Excise Government of Bihar Patna. 2. The Deputy Commissioner Department of Excise (Excise Investigation Beoro) Bihar Patna. 3. The Assistant Commissioner of Excise Department of Government of Bihar Patna, New Secretariat Baily road Patna. ----------- 2 04.05.2011 Petitioner has filed this writ application for direction to the respondents to consider his case for grant of promotion on the post of ASI. (Excise), from the date his juniors have been promoted. Learned counsel for the petitioner submits that the case of the petitioner has not been considered on the ground that they had crossed the age bar of 50 years and his juniors were promoted. He submits that in fact, as statement made in paragraph 13 of the writ application, Departmental Promotion Committee has time to time, condoned the age of certain candidates and has granted promotion. He also submits that in the normal course the DPC was to meet every year. However, in practice it did not meet for several years, on account of which the eligible candidates crossed the age of 50 years. Since the delay was on the part of the Department itself in convening DPC, the age bar should not be strictly applied and in fit cases it should be condoned. He submits that in large number of cases, this delay in holding the DPC was noticed and this Court has by speaking orders directed respondents to consider the cases of individual petitioners by condoning the age bar. Learned counsel for the petitioner produces orders passed by this 2 Court in similar circumstances. He also submits that once the law has been laid down by this Court the Department is unnecessarily applying the same on case to case basis compelling candidates to move this court in separate writ applications burdening this Court. Learned counsel for the respondents submits that in any case the candidature of the petitioner has to be considered by the DPC which has to take a decision in the matter of condonation of the age bar in respect of the petitioner. However, he does not dispute that if a law has been laid by this Court the same should be applied by the respondents in respect of candidates identically situated. In the circumstances, this writ application is disposed of with a direction to the respondents to place the matter of petitioner before the next meeting of the DPC for consideration of his case for promotion after condoning his age. The DPC will specifically consider that, if in similar circumstances the age of other persons has been condoned and there is no distinguishing feature in respect of the petitioner, whither he should also be allowed the same benefits, or not. Prakash ( J.N.Singh, J.)