Shashi Shekhar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11994 of 2018 ======================================================

1. Shashi Shekhar, son of Sri Awadhesh Pandey, resident of VillageGovindpur, P.S.-Fatuha, District- Patna.

2. Ashutosh Kumar Choudhary @ Ashutosh Kumar, son of Baidyanath Choudhary, C/o- Parmanand Yadav, resident of Mohalla-Yogipur, P.S.- Patrakar Nagar, Kankarbagh, District- Patna.

3. Sanjay Kumar Singh, son of Subodh Singh, resident of village- Gopalpur, P.S.-Sherghati, District- Gaya.

4. Bishwajit Sanyal, son of Purnendu Kumar Sanyal, resident of MohallaIndrapuri, house no.39, Road No.6, near Shiv Mandir, P.S.-Patliputra, District- Patna.

5. Prabhat Kumar, son of Sri Bali Shankar Prasad, resident of Mohallah-A/78, Jagat Amarawal Apartment, near Officer's Flat, Bailey Road, P.S.-Kotwali, District-Patna.

6. Purushottam Kumar, son of Shadhu Sharan Lal, resident of village- Sumka, P.S.- Tharthari, District- Nalanda.

7. Shailesh Kumar Singh, son of Ram Bilas Singh, resident of Rajiv Nagar, Road No.15, post -Keshrinagar, P.S.-Rajivnagar, District- Patna.

8. Birju Kumar, son of Binda Rajak, resident of village- Raj Bhawan Campus, P.S.-Sachivalaya, District- Patna.

... ... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Personnel and General Administration Department, Bihar, Patna.

2. The Principal Secretary, Excise Prohibition and Registration Department, Bihar, Patna.

3. The Secretary, Bihar Police Subordinate Service Commission, Danapur, Patna.

4. The Chairman, Bihar Police Subordinate Service Commission, Danapur, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash, Advocate For the Respondent/s :

Mr. Anil Kr. Sinha- GA-1

Patna High Court CWJC No.11994 of 2018 dt.31-08-2018 2/3 For the B.P.S.S.C.

:

Mr. Ashok Kumar Singh, Sr. Advocate Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 31-08-2018 Heard learned counsel appearing for the respective parties.

In this case, the petitioners are seeking relief that the maximum age limit for filling up the form for the post of Excise Sub-Inspector should be extended so that they can be able to participate in the examination against the advertisement no.02 of 2018.

The petitioners have already attended the age of 40 years. Grievance has been raised by the petitioners that for years together the post of Excise Sub-Inspector were not advertised for selection, after 10 years the State has advertised the posts through this advertisement, and as such, in terms of the Circular of the State Government dated 23.01.2006, the benefit should be extended to them, which prescribes that if the examination is not conducted they should not be declared ineligible from appearing in the examination.

Learned counsel for the petitioners submits that the petitioners have already filed representation before the authority concerned about grant of relaxation of age, but the same is still

Patna High Court CWJC No.11994 of 2018 dt.31-08-2018 3/3 pending.

Let the authority concerned examine the representation filed by the petitioners in light of the Circular of the State Government dated 23.01.2006 and decide the same in accordance with law within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 05.09.2018 Transmission Date N/A.