Sudama Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7835 of 2015 ====================================================== 1.

Sudama Singh Son of Late Raghunath Singh. Resident of village and P.O.- Koil, P.S.- Charpokhari, District - Bhojpur Ara. 2.

Ajay Kumar Yadav. Son of Sri Hans Raj Yadav. Resident of Village and Post - Kushinagar Budh Nagari Ward No. 4, District - Kushinagar U.P.. 3.

Anjani Kumar Singh. Son of Late Ram Deo Singh. Resident of village and P.O.- Tengrahn, P.S.- Minapur, District - Muzaffarpur. 4.

Gauri Shankar Jha. Son of Ram Dular Jha. Resident of village - Paigambarpur, P.O.- Danima, Via Keoti, District - Darbhanga. 5.

Sunil Kumar Shukla. Son of Late Rajnandan Shukla. Resident of Bawan Bigha Road No.1, P.S.- Mithanpura, District - Muzaffarpur. 6.

Dhananjay Kumar. Son of Amir Singh. Resident of village - Kurauni, P.S.- Korma, District - Sheikhpura.

7.

Pankaj Mani Kumar. Son of Late Kashinath Singh. Resident of village and P.O.- Rasisa, P.S.- Aungari, District - Nalanda. ... ... Petitioners

Versus

1.

The State Of Bihar through Principal Secretary, Agriculture Department, Govt. of Bihar Patna 2.

The Agriculture Production Commissioner, Bihar, Patna. 3.

The Principal Secretary, Agriculture Department Govt. of Bihar, Patna. 4.

The Director, Agriculture Department, Bihar, Patna. 5.

The Staff Selection Commission, Bihar, Patna through its Secretary. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajan For the State :

Mr. Zaki Haidar, AC to SC 9 For BSSC :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-06-2019 Petitioners are candidates desirous of appointment as Agriculture Coordinator.

They are aggrieved by relaxation of age criteria granted to Agriculture Coordinators who were earlier serving on contractual basis. The petitioners claim similar relaxation.

Patna High Court CWJC No.7835 of 2015(4) dt.25-06-2019 2/2 The petitioners admittedly have not worked on contractual basis. They form a class which is different from the candidates who were earlier working as Agriculture Coordinator. On account of having served earlier and gained experience, they have rightly been put in separate class and relaxation granted to such persons.

The advertisement therefore does not violate Articles 14 and 16 of the Constitution of India. The petitioners have never served in any capacity and to be adjudged on the age limit prescribed for persons who are to be appointed without any relaxation.

The issue raised by the similarly situated persons has already been rejected in the proceedings arising out of CWJC No. 1696 of 2015 and CWJC No. 7950 of 2015, order of which are at Annexures A1 and A2 of the counter affidavit filed on behalf of the State.

In view of aforesaid consideration the petitioners have no claim for any relaxation, nor are they in a position to challenge the relaxation granted to those who had earlier served on contractual basis and form a distinct class. The writ petition is devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) SNkumar/- U