Cecil Kandulna vs State of Jharkhand

Pramath Patnaik, J

In the accompanied writ application, the petitioner has sought for direction upon the respondents to give the benefit of relaxation of age in the matter

of appointment as Medical Officer in the State of Jharkhand in pursuance to Advertisement no.12/2010 dated 10.11.2010, published by the Jharkhand

Public Service Commission, on the ground of having served Indian Army for 14 years as Short Service Commissioned Officer. Further prayer has

been made to declare the notice dated 09.10.2011 issued by the respondent no.3, treating the petitioner as over aged, to be arbitrary and further prayer

has been sought for direction to the respondent nos.2 and 3 to hold interview of the petitioner for the post in question.

The brief facts, as has been disclosed in the writ application, is that the petitioner having completed his MBBS course joined the Indian Army

Medical Corps in Indian Army as a Short Service Commissioned Officer in the year 1997. The petitioner belongs to Scheduled Tribe community.

While serving as such, an Advertisement no.12 of 2010 dated 10.11.2011 was issued for appointment as Medical Officer in the State of Jharkhand.

The petitioner having served in the Indian Army for more than 5 years applied for the said post. In pursuance to his application, the petitioner appeared

in the written test and was declared successful and he was issued admit card to appear in the interview. During the process of selection, when the

respondent no.3 came to learn that the petitioner is over aged, letter was issued to the petitioner to explain. The petitioner submitted his representations

explaining therein for grant of benefit of age relaxation of 5 years, in view of his experiences in Indian Army for 14 years. Since the petitioner was not

permitted to appear in the interview on the ground of over age, left with no alternative, petitioner has been constrained to approach this Court under

Article 226 of the Constitution of India for redressal of his grievances.

Learned counsel for the petitioner during course of hearing has submitted that the petitioner is entitled to age relaxation of 5 years since as per Rule

of Combined Medical Services Examination, 2011 issued by the Ministry of Health and Family Welfare (Department of Health), Government of India

dated 11.09.2010, a person who has served for more than 5 years as Short Service Commissioned Officer is entitled for age relaxation for

appointment of Medical Officer. Learned counsel for the petitioner further submits that the action of the respondents in not permitting the petitioner to

appear in the interview in spite of the said provisions enshrined in the rules of Combined Medical Services Examination, 2011, is violative of Article 14

and 16 of the Constitution of India.Â

In support of his contention, learned counsel for the petitioner has referred to the rules of Combined Medical Services Examination, 2011, contained

in notification dated 11.09.2010 framed by the Ministry of Health and Family Welfare (Department of Health), Government of India, wherein 5 years

relaxation of age is permissible in case of Short Service Commissioned Officer. Learned counsel for the petitioner further submits that Bihar Public

Service Commission vide Advertisement No.43 of 2011 has also given 3 years age relaxation to the persons who served defence services as Medical

Officers, as per Annexure-14 to the supplementary affidavit.

Controverting the averments made in the writ application, a counter affidavit has been filed by the respondent nos.2 and 3, wherein it has been

submitted that the Jharkhand Public Service Commission has no power to grant age relaxation either in upper age limit or in minimum age limit to a

candidate over and above the eligibility criteria laid down by the requisitioning officer and as such prayer of the petitioner was not accepted by the

JPSC. Further, it has been submitted that the power to grant age relaxation is within the domain of the State Government and Jharkhand Public

Service Commission has no role to play in granting relaxation in age.

Further, it has been submitted that interview for appointment of Medical Officer has already been concluded and final recommendation has also been

sent to the Government of Jharkhand.

Counter affidavit dated 09.01.2012 has also been filed by the respondent no.2, wherein it has been submitted that the matter has been referred to

the Personnel, Administrative Reforms and Rajbhasa Department for opinion. The Personnel, Administrative Reforms and Rajbhasa Department has

opined that as per the existing circular, no such age relaxation is permissible in the State of Jharkhand. The department has referred to the resolution

no.2096 dated 25.04.2011 vide Annexure-A to the counter affidavit.

Learned counsel for the State has assiduously submitted that in view of the resolution vide Annexure-A to counter affidavit, the prayer of the

petitioner is not maintainable in the eye of law.

Learned counsel for the JPSC has also assiduously submitted that the selection to the post of Medical Officer in pursuance to advertisement has

attained its finality since long and the final recommendation has been sent to the State of Jharkhand, therefore, no such relief can be granted to the

petitioner on the ground of overage.

After bestowing my anxious consideration to the rivalized submissions and on perusal of the records, this Court is of the considered view that the

relief sought for by the petitioner is not entertainable in view of the following facts and reasons:

(I) In pursuance to the requisition of the Department of Health, Medical Education and Family Welfare before the Jharkhand Public Service

Commission, the selection process for the appointment of Medical Officer in the State of Jharkhand was initiated by publishing advertisement. In the

advertisement details of relaxation of permissible age to different categories has been given but no such relaxation has been made with regard to

candidates belonging to defence services. Admittedly, the petitioner was over aged in spite of being a member of Scheduled Tribe category. As per

Annexure-A to the counter affidavit filed on behalf of respondent no.2, the maximum age along with relaxation has been mentioned. Since the

resolution dated 25.04.2011 issued by the Personnel, Administrative Reforms and Rajbhasa Department, Government of Jharkhand is binding on each

candidate and as per the said resolution, the petitioner has crossed the maximum age, therefore, the action of the respondents in not allowing the

petitioner to appear in the interview for the post in question cannot be held to be arbitrary exercise of power.

(II) Moreover, the selection for the post of Medical Officer has been completed and final recommendation has been made by the JPSC to the

Government for appointment. That apart prayer of the petitioner cannot be acceded to, in view of his over age as per the advertisement.

In view of the reasons stated in the foregoing paragraphs, this Court is not inclined to accede to the prayer of the petitioner. Accordingly, the writ

petition is dismissed being devoid of merit.