IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13647 of 2009 ANAND KISHORE SINHA & ANR Versus THE STATE OF BIHAR & ORS ----------- 2. 28.10.2009 Heard learned counsel for the petitioners and the State. The petitioners assail the advertisement issued by the Nagar Vikash & Awas Vibhag for appointment of City Manager on contract basis in so far as it fixes a maximum age limit of 35 years for applicants. Reliance is placed on a circular of the Personnel and Administrative Reforms Department dated 18.7.2007, Clause-8, that the maximum age permissible for appointment on contract basis shall be 65 years. Stipulations in the advertisement including age of eligibility for appointment are for the employer to decide keeping in mind its own requirement, vis-a-vis the nature of the job, the utility of the person, the physical agility of the person for the job etc. This Court cannot rewrite the advertisement. However, equally, if the State Government has issued any circular fixing a blanket age limit of 65 years for the purposes of contractual appointment, it is for the State Government to resolve the issue. Even while this Court finds it difficult to grant any positive relief to the petitioners for the reasons discussed 2 above nonetheless, this Court directs the State Government in the Personnel and Administrative Reforms Department to reconcile its circular dated 18.7.2007 with the advertisement dated 19.9.2009 at Annexure-1 to the writ application. Since 3.11.2009 is the relevant cut off date under the advertisement, this court directs the Secretary, Department of Personnel and Administrative Reforms to ensure appropriate orders as discussed above are passed by the State Government on the claims of the petitioner, expeditiously and in no event shall the respondents frustrate the grievance of the petitioner by their sheer inaction which may be viewed very seriously by this Court. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)