Anil Kumar v. Dr. Rajendra Prasad Central Agricultural University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6483 of 2019 ====================================================== Anil Kumar, Aged about 48 years, Male, Son of Sri Yogendra Singh, Resident of Village Ghughuwa, P.O. Bankatwa, P.S Ghorasahan, District East Champaran at Motihari.

... ... Petitioner/s

Versus

1.

Dr. Rajendra Prasad Central Agricultural University, Pusa, Distt.-Samastipur through its Registrar.

2.

The Vice Chancellor, Dr. Rajendra Prasad Central Agricultural University, Pusa, Distt.-Samastipur.

3.

The Registrar, Dr. Rajendra Prasad Central Agricultural University, Pusa, Distt-Samastipur.

4.

The Deputy Registrar, Dr. Rajendra Prasad Central Agricultural University, Pusa, Distt-Samastipur.

5.

The In-Charge Officer (Appointment), Dr. Rajendra Prasad Central Agricultural University, Pusa, Distt-Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Onkar Kumar, Advocate For the University :

Mr. Devendra Kumar Sinha, Senior Advocate Mr. Chandra Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and Mr. Devendra Kumar Sinha, the learned Senior counsel appearing on behalf of Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur.

Admittedly the petitioner is working as a Driver on contractual basis in the University for last 15 years. The University issued a notification/advertisement for appointment

Patna High Court CWJC No.6483 of 2019(4) dt.10-01-2020 2/3 on different posts including the post of Drivers. By clause 3 at page 16 of the advertisement, condonation of age with regard to contractual or casual labourer of Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur was granted up to the extent the candidate had already put in service in the University. Learned counsel for the petitioner submits that a Single Bench of this Court in C.W.J.C. No.23424 of 2013 (Dileep Kumar & Ors. Vs. Rajendra Agricultural University, Bihar, Pusa, Samastipur & Ors.) directed the University not to put any condition with regard to the eligibility and allowed such casual labourer/other employees to appear at the examination. Mr. D.K.

Sinha, the learned Senior counsel for the University submits that the petitioner was granted relaxation of 15 years but the petitioner has also crossed the age of 45 years and his application has already been rejected on the ground of his being over age. The petitioner was granted two opportunities on two earlier occasions but he could not get through the examinations and he remained working as casual labourer. Having considered the facts and in view of law laid down by a Single Bench of this Court in C.W.J.C. No.

Patna High Court CWJC No.6483 of 2019(4) dt.10-01-2020 3/3 examination to be held on 13th of January, 2020. With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U