This writ petition challenged the rejection of regularization claims on the grounds of age. The court directed the District Magistrate to review ineligible overage candidates and issue a corrigendum to the panel within three months.
Direction to issue corporrection to the panel and reconsider the petitioners within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5175 of 2013
====================================================== 1. Ram Dutt Paswan S/O Late Saryug Paswan, Resident of Village and Post – Putai, P.S. – Manigachhi, District- Darbhanga. 2. Arun Kumar Singh S/O Late Gangai Singh, Resident of Village and PostPutai, P.S. Manigachhi, District- Darbhanga. 3. Surya Narayan Mahto S/O Late Bhagwat Mahto, Resident of Village and Post- Baghaut, P.S.- Manigachhi, District- Darbhanga. 4. Bhagwan Paswan S/O Shri Vishwanath Paswan, Resident of Village and Post- Putai, P.S.- Manigachhi, Distt.- Darbhanga 5. Madan Kumar Sahu S/O Shri Ram Narain Sahu, Resident of Village - Hariyath, Post- Bahera, District- Darbhanga. 6. Brahmanand Jha S/O Shri Sharda Nand Jha, Resident of VillageMoglaha P.O.- Misroulia, P.S.- Babu Barhi, Distt.- Madhubani. 7. Bhogendar Jha S/O Buchai Jha, Resident of Village and Post- Bagaha, P.S.- Manigachhi, District.- Darbhanga. .... .... Petitioner/s Versus 1. The State of Bihar 2. Commissioner-cum-Secretary, Department of Health, Govt. of Bihar, Patna. 3. Director-in-Chief, Health Services, Govt. of Bihar, Patna. 4. The Collector, Darbhanga, At P.O. and Dist.- Darbhanga. 5. The Civil Surgeon-cum-Chief Medical Officer, Darbhanga, At P.O. and District- Darbhanga. 6. The District Malaria Officer, Darbhanga, At P.O. and DistrictDarbhanga. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Hari Kumar Thakur Mr. Rohit Kumar For the Respondent/s : Mr. Sanjay Pandey, GP 21 Mr. Manish Kumar, AC to GP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
Patna High Court CWJC No.5175 of 2013 (7) dt.30-01-2014
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been regularized for decades together, in all probabilities are likely to be overage. It is not that the respondent authorities do not have the powers for relaxation of age as provided under Rule 54 of the Bihar Service Code but these are cases where overage should not be the reason for disqualification for consideration.
Further more, counsel for the petitioners has pointed out instances from the panel of people who are overage and no negative remark on that count has been reflected. Obviously, the panel which has been prepared suffers from lacunas whether deliberate or by way of omission will not be commented upon at this stage, but the respondent District Magistrate, Darbhanga is required to reconsider the issue of all these petitioners or such persons who have not been included or ousted from consideration on the ground of overage.
Let a corrigendum be issued to the said panel in light of the above. The decision in this regard must be taken within a period of three months from the date of production of a copy of this order.
Writ application is disposed of with above direction to the Collector, Darbhanga.
R.K.Pathak/-
(Ajay Kumar Tripathi, J)
2 issues framed by the court
Whether age bar should be a ground for disqualification from regularization in cases where relaxation of age is permissible under service rules.
Whether the selection panel suffers from lacunas due to omission of eligible overage candidates.
1 provisions across 1 enactments
Ram Dutt Paswan and others
The State of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
