The petitioner has been appointed as an Assistant Teacher in S.P.G., Primary School, Jaipur by the Managing Committee. The said school is a Government Recognized Aided Minority School and the said exercise was undertaken on the retirement of another teacher after issuance of advertisement and on interview held on 2nd August, 2004. The petitioner's appointment was thereafter approved provisionally by District Superintendent of Education, Ranchi vide Annexure-4 dated 23rd June, 2005. The proposition statement was forwarded to the Director, Primary Education by District Superintendent of Education, Ranchi on 28th June, 2005. However, the Director, Primary Education raised an objection and asked the District Superintendent of Education, Ranchi to clarify as to how the petitioner's appointment has been approved at the age of 40 years where Backward Class Category candidate can only be considered for appointment upto the age limit of 37 years. The said query was responded vide Annexure-7 by District Superintendent of Education, Ranchi dated 5th December, 2005, stating that under the advertisement issued by J.P.S.C for appointment of primary teachers in the school in Jharkhand on 8th April, 2003 the upper age limit has been prescribed as 42 years for Backward Class Candidates. In the light of the provisions laying down age limit of the Backward Class Candidate, the petitioner's services were approved by District Superintendent of Education, Ranchi and were sent for approval of the proposition statement before Directorate.
