Mulk Raj Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6117 of 2025 ====================================================== 1.

Mulk Raj Anand son of Late Hari Kishore Prasad, resident of Krishna Kanahaiya Smriti Kunj, Kanti Factory Road, Near Gas Godown, Mahatma Gandi Road, P.S.-Kankarbagh, District-Patna.

2.

Ajay Kumar, son of Chandrika Prasad Verma, resident of Mohalla-Purani Gudari, Ward No.-9, P.S.-Bettiah, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Health Department, Govt. of Bihar, Patna.

2.

The Secretary, Health Department, Govt. of Bihar, Patna. 3.

The Chairman, Bihar Technical Service Commission, 19, Harding Road, Govt. of Bihar, Patna.

4.

The Secretary, Bihar Technical Service Commission, 19, Harding Road, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Singh, Advocate For the Respondent/s :

Mr. AC to Advocate General For the BTSC :

Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the Bihar Technical Service Commission and Learned Counsel for the State.

2. The present writ petition has been filed for issuance of writ in the nature of mandamus directing the respondents to give relaxation of age for 17 years in place of 10 years for general category candidates for filing form in pursuant to Advertisement No.05/2025 dated 03.03.2025 published by Bihar Technical Service Commission, Patna, for appointment on

Patna High Court CWJC No.6117 of 2025(2) dt.24-04-2025 2/2 the post of X-ray technician, so that the petitioners could also be eligible for the same and also direct the respondents to accept the application forms of the petitioners and allow them to appear in the examination of X-ray technician going to be held by Bihar Technical Service Commission, Patna.

3. Learned Counsel for the Bihar Technical Service Commission has raised preliminary objection and submits that in the advertisement of 2014, Government has given 14 years age relaxation to the candidates and thereafter vacancy has come in the year 2015 and it is, therefore, only ten years relaxation has been given.

4. In the light of submissions made, this Court is not inclined to interfere in the advertisement and also not inclined to relax the age 17 years in place of ten years. As per the pleading, the petitioner was eligible in 2014 meaning thereby he has appeared in the vacancy of 2014. Providing such type of relaxation is a policy matter and it shall adversely affect the new candidates.

5. Hence, this writ petition is dismissed.

(Dr. Anshuman, J) Mkr./- U