Petitioners, over-aged Ayush Medical Officers, sought writs directing authorities to accept their online applications for recruitment with age relaxation. The court dismissed the petition, ruling that the High Court cannot prescribe new cutoff dates and the delay precluded relief.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4882 of 2022
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... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Haridayal Kumar, Advocate For the State : Mr.Ajay Behari Sinha (Ga8) For BTTSC : Mr. Nikesh Kumar, Advocate Mr. Praveen Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 05-04-2022
Heard learned counsels for the parties.
for following reliefs:-
“(i) For issuance of an appropriate writ/s, order/s, direction/s
Patna High Court CWJC No.4882 of 2022 dt.05-04-2022
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commanding and directing the Respondents Authorities to allow the petitioners, to apply online forms to participate in the process of regular appointment going under an advertisement 04/2020 to 09/2020 published by the Bihar Technical Service Commission (in short BTSC) undersigned by the Secretary dated 28.09.2020 completely relaxing the over age bar who could not apply online form only on the ground of over age. Instantly it is very important and pertinent to mentioned here that the present petitioners have never availed a single opportunity to participate in the process of regular appointment because in between 1998 and 2020, the Respondent Authorities never published a single advertisement for regular appointment in which present petitioners could have been participated, as well as second important thing about the present petitioners is that they have been appointed on contract basis under an advertisement dated 26.03.2008 on the very post of Ayush Medical Officers on sanctioned posts which have been sanctioned before more than 12 years but the Respondent Authorities did not regularize their service for which the petitioners fully deserves in accordance with, vide General Administration Department Memo No. 10/ijh0- 1401/741408- dk0 Dated 13 June 1974.
(ii) For issuance of an appropriate writ/s, order/s, order/s, direction/s commanding and directing the respondent authorities to give proper/lawful weightage in the selection under regular appointment on the post of Ayush Medical Officer in accordance with the Memo No. -3/,e0- 13/2018-12534 dated 17.09.2018 issued from General Administrative Department. (Annexure4).
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(iii) For issuance of an appropriate writ/s, order/s, direction/s directing the Respondents for any other relief(s) for which the petitioners are entitled for in the facts and circumstances of the case.”
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India Courts have no power to prescribe cut off date for the purpose of selection and appointment. It is a policy decision of the State to stipulate the cut off date.
dismissed.
(P. B. Bajanthri, J)
rakhi/-
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3 issues framed by the court
Whether the High Court has the power to extend the cutoff date for application submission in recruitment advertisements beyond the single extension granted.
Whether petitioners have established a cause of action for age relaxation considering the delay in filing the petition.
Whether petitions seeking direction to accept applications beyond the prescribed cutoff date should be allowed.
1 provisions across 1 enactments
Dr. Ras Bihari Tiwari
Dr. Bachaspati Upadhyay
Dr. Amar Nath Sharma
Dr. Beerendra Mahto
The State of Bihar
The Principal Secretary, Health Department, Bihar
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
