1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7312 OF 2010 Umesh s/o Kirtikumar Ruparel Petitioner versus The State of Maharashtra & ors. Respondents ===== Petitioner present in person. Smt. A.V. Gondhalekar, A.G.P. for Respondent No.1. Shri V.J. Dixit, Senior Counsel, instructed by Shri C.K. Shinde Advocate for Respondent No.2. None for Respondent No.3. ====== Coram: R.S. Mohite and Shrihari P.Davare, JJ. Date : 2nd September, 2010 P.C. 01. Heard the petitioner, who argued the matter in person, and learned counsel for Respondents. 02. The petitioner is a candidate, who desires to appear for examination for the post of Civil Judge, Junior Division and Judicial Magistrate, First Class, which is scheduled to be held on 5.9.2010. The Petitioner, who is a fresh law graduate, has been held to be not eligible for said examination on account of the fact that he was beyond prescribed age of 25 years as on 1.10.2010. Admittedly, date of birth of the 2 petitioner is 11.8.1985 as is evident from his H.S.C. certificate at Exhibit A collectively, and therefore, there cannot be any dispute that he was over aged as on the scheduled date i.e. 1.10.2010. 03. It is sought to be contended by the petitioner that he was a student of three-year L.L.B. course and that the students doing L.L.B. after their graduation are required to spend in all six years for completion of graduation and L.L.B. course; whereas students doing L.L.B. course after 12th standard, require only five years to complete L.L.B. course. The grievance of the petitioner, therefore, is that students doing L.L.B. course after completing graduation, get only two attempts; whereas students of five-year degree course get one year's grace and become fresh law graduates at the age of 24 years. According to petitioner, this is violative of Article 14 of the Constituion, because there is no nexus between the object sought to be achieved and the prescription of age to be 25 years. 04. In this behalf, we must firstly note that, the time taken to become a law graduate, whether in case of 3 years L.L.B. course or 5 years L.L.B. course, depends on number of circumstances, including the circumstance 3 as to when the student started his education and as to whether he passed all examinations, regularly. The age limit of 25 years gives one year's grace for the students who pass out their L.L.B. examination under five-year L.L.B. course. The object of prescribing age of 25 years is not to ensure equality between the students of 3 years L.L.B. course and 5 years L.L.B. course, but the same is with a view to ensure that fresh graduate gets a long period of service. 05. Since the petitioner is obviously not eligible, we are not inclined to entertain the petition. The petition, therefore, stands dismissed. (Shrihari P. Davare, J.) (R.S. Mohite, J.) pnd/wp7312.10