IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3265 of 2009 ANIL KUMAR S/O SRI KRISHNA BALLABH R/O KAMRUDDINGANJ,PS-MURARPUR,PO-BIHARSHARIF DISTT- NALANDA--------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF HEALTH,GOVT. OF BIHAR 3. THE SPECIAL SECY. HEALTH-CUM-EXECUTIVE DIRECTOR, STATE HEALTH COMMITTEE, BIHAR. 4. THE DEPUTY SECY.-CUM-CONTROLLER OF EXAMINATION, B.P.S.C.,PATNA 5. B.P.S.C. THROUGH ITS SECY. 14 BAILEY ROAD,PATNA 6. THE CIVIL SURGEON-CUM-SECY. MEMBER,DISTRICT HEALTH COMMITTEE, NALANDA 7. THE DEPUTY SUPERINTENDENT, SUB-DIVISIONAL HOSPITAL, HILSA, NALANDA 8. THE DISTRICT MAGISTRATE-CUM-PRESIDENT,DISTRICT HEALTH COMMITTEE, NALANDA------------RESPONDENTS ----------- For the Petitioner: Mr. S.K. Verma,Sr. Advocate Mr. S.K.Verma, Advocate For the State: A.C. to G.P.-6 For the BPSC. Mr. S. Pandy, Advocate ----------- 2 19.3.2009 Heard learned counsel for the parties. An advertisement No.2/2009 dated 18. 2. 2009 has been published by the Bihar Public Service Commission. This is for appointment and selection of Medical Officers in the State of Bihar. The advertisement lays down various terms and conditions with regard to eligibility etc. In the present case the Clause relating to the age of a candidate on 1.10.2009 is of significance. There ls different age for different categories of candidates. Petitioner belongs to the category of the Scheduled Caste and in his case the maximum age prescribed is 42 years. The reason why the petitioner has filed the present writ application is because as on 1.10.2009 he is age barred as he is a little over 43 years of age. He has every presumption that his application will not be considered by the respondents on this - 2 - score. Petitioner wants a direction upon the respondents to waive this condition in his favour. Contention of the petitioner is that he is already in employment in the State, may be on a contract basis for at least two years and his past appointment and experience should beget him the benefit of a year and couple of months for selection which has been initiated in terms of the advertisement. A short and precise counter affidavit has been filed on behalf of the respondent State where a stand has been taken that the age of recruitment is fixed by the Department of Personnel and it is not for the Health Department to make any relaxation merely because the petitioner was appointed on a contractual basis. The eligibility of the candidate will be governed by the terms of advertisement and no further relaxation is to be shown to the petitioner in this regard. Learned counsel for the petitioner thereafter submits that Rule 54 of the Bihar Service Code does confer power to the State Government to relax certain rules in special cases with regard to maximum age of recruitment. Without expressing any opinion on the applicability of the said rule in the present case, the Court is willing to give a liberty to the petitioner to explore other avenue by moving the competent authority for considering his case for relaxation of age and in this regard he would like to move the Principal Secretary, Department of Health, Government of Bihar, respondent no.2. - 3 - This writ application is disposed of with a direction that in case the petitioner approaches the respondent no.2 with an application, an appropriate decision should be taken and communicated to the petitioner at the earliest so that his status is clarified before the process of selection begins. This writ application is disposed of with the above liberty. RPS (Ajay Kumar Tripathi,J.)