IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5558 of 2010 1. PREM PYARI D/O SRI MAHADEO YADAV R/O VILL.- CHAI, P.S. JHAJHA, DISTT.- JAMUI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, BHAGALPUR 2. THE DIRECTOR, SECONDARY EDUCATION GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE JAMUI 4. THE DISTRICT EDUCATION OFFICER, JAMUI ----------- 3 03/03/2011 Annexure-3 dated 21.01.2010 issued by the District Education Officer, Jamui is under challenge. By virtue of this, claim of the petitioner for appointment as a teacher in Zila Parishad has been rejected. The ground given is that the minimum age laid down for such appointment as per 2006 Rules is 22 years as on 1.8.2008, i.e. the date of application, whereas the petitioner is less than 22 years and, therefore, not eligible for consideration. Submission of the learned counsel is that petitioner was only three months short of 22 years and, therefore, an indulgent view should have been taken in processing the application for such appointment. Question is when there is a statutory rule which has fixed the minimum age for appointment, then no - 2 - breach can be permitted in favour of any individual because the minimum eligibility so fixed is universally applicable to one and all. If any deviation from the said rule is permitted, that would amount to violation of Articles 14 and 16 of the Constitution. In view of the above stated position, no interference is warranted with annexure-3. This writ application has no merit. It is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)