Dismissed

Dilip Kumar v. Health

Jharkhand HC8 Mar 2017WPC/979/2016

Case brief

AI extract

What is this about?

The High Court of Jharkland dismissed a writ petition seeking to shift the cut-off date for age eligibility for the post of Dentist. The Court distinguished the applicant's case from a previous judgment regarding Civil Judges, noting the petitioner had opportunities elsewhere and was not denied service elsewhere.

What did the court decide?

The writ petition seeking shifting of the cut-off date was dismissed.

Dilip Kumar Vs Health — Pension and Retirement Benefits | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 979 of 2016

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Dilip Kumar, son of Sri Nawal Kishore Prasad, Residing Near Atwar Bazar, Ratu, P.O.- Ratu, P.S.- Ratu, District- Ranchi (Jharkhand) .... Petitioner

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-Versus-

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State of Jharkhand through the Principal Secretary, Department of Health, Govt. of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi

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Jharkhand Public Service Commission through its Chairman, having its Office at Circular Road, P.O. & P.S. Lalpur, Dist.- Ranchi

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The Controller of Examination, Jharkhand Public Service Commission, having its Office at Circular Road, P.O. & P.S. Lalpur, District- Ranchi ….... Respondents

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------

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. Purnendu Sharan, Adv. For the Resp.-JPSC : Mr. S. Piprawall, Adv.

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09/08.03.2017 Petitioner is seeking shifting of cut-off date from 01.08.2015 to 01.08.2014 on the ground that in the past recruitment on the post of Dentists was not done for several years.

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2. Heard.

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3. Referring to a decision in W.P.(S) No.7526 of 2013 and the Advertisement No. 08 of 2015 in respect of appointment on the post of Veterinary Doctor (Basic Grade), the learned counsel for the petitioner submits that in the peculiar facts of the case, the cut-off date as fixed in Advertisement No.02 of 2016 needs to be shifted to 01.08.2014. 4. In W.P.(S) No. 7526 of 2013, this Court directed shifting of the cut-off date for the reasons recorded in paragraph no. 6 of the judgment, which is extracted below:“6. By perusal of the Rules, it is evident that there is no provision for fixing the cut-off date for determining the maximum age prescribed for the post of Civil Judge (Junior Division) (Munsif). We are conscious of the fact that normally decision fixing cut-off date is not interfered with by the Courts. However,

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huge backlog of undecided cases, large number of vacancies which have accumulated since 2008, which has also affected the ratio of Judges compared to the population of the State, are also the considerations which we have to keep in mind.”

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5. In the present case the respondents have pleaded that recruitment of Dentists in the State of Jharkhand is regulated by Jharkhand State Dentists (Appointment, Promotion and Other Service Conditions) Rules, 2015. Rule 8 of 2015 Rules prescribes that cut-off date for reckoning the maximum and minimum age shall be 1^st August of the year in which requisition of the appointment is sent. Apparently, the decision in W.P.(S) No.7526 of 2013 is distinguishable. Besides the above, the petitioner who completed the course of Bachelor in Dental Surgery in the year 2005 cannot plead that all these 10 years he kept waiting for advertisement for appointment on the post of Dentists in the State of Jharkhand. He had opportunities elsewhere and while so, he cannot plead that all these 10 years since regular appointment on the post of Dentists has not been made in the State of Jharkhand he must be extended the benefit of age relaxation by shifting the cut-off date from 01.08.2015 to 01.08.2014.

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6. Viewed thus, I find no merit in the writ petition and accordingly, it is dismissed.

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(Shree Chandrashekhar, J.)

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sudhir/r.sinha

Dilip Kumar v. Health

Case brief

What is this about?

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Dilip Kumar v. Health

Case brief

What is this about?

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