Jharkhand High Court
Sandeep Kumar Lala vs State Of Jharkhand Through Chief ... on 19 September, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 5234 of 2023
1. Sandeep Kumar Lala,
2. Abhijit Sunny, ... ... ... ... ... ... Petitioners
Versus
1. State of Jharkhand through Chief Secretary, Dhurwa, Ranchi
2. The Secretary, Department of Law, Government of Jharkhand, Ranchi
3. The Secretary, Department of Personnel Administrative Reforms and
Rabhasha, Government of Jharkhand, Ranchi
4. The Chairman, Jharkhand Public Service Commission, Ranchi
5. The Secretary, Jharkhand Public Service Commission, Ranchi
6. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi
7. Registrar General, Jharkhand High Court at Ranchi
... ... ... Respondents
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CORAM: SRI SANJAYA KUMAR MISHRA, C.J.
SRI ANANDA SEN, J.
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For the Petitioners: Mr. Indrajit Sinha, Advocate
For the State: Mr. Devesh Krishna, S.C.(Mines)-III
For the JPSC: Mr. Sanjoy Piprawall, Advocate
For the JHC: Mr. Amit Kumar Das, Advocate
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02/Dated: 19.09.2023
The defects are ignored for the time being keeping in view the
urgency of the matter.
The petitioners have prayed for age relaxation in view of the fact that
for the last five years, there has been no recruitment of the Civil Judge (Jr.
Division) in the State of Jharkhand. At present, an advertisement has been
issued by the Jharkhand Public Service Commission for recruitment of Civil
Judges (Jr. Division) and the petitioners are overage. It is apparent from
the record that there has been no following of guidelines given by the
Hon'ble Supreme Court in the case of Malik Mazhar Sultan (3) vs. U.P.
Public Service Commission, (2008) 17 SCC 703.
Learned counsel for the petitioners would rely upon the judgment
passed by the Hon'ble Supreme Court in Hirandra Kumar vs. High Court
of Judicature at Allahabad & Another, (2020) 17 SCC 401, wherein the
Hon'ble Supreme Court has held that it should not extend to upper age limit
by predating the cut-off date. However, the fact of that case is different from
the present bunch of cases in the sense that in The Uttar Pradesh Judicial
Service Rules, 1975, a time-limit has been provided in Rule 8 and the upper
age limit has been provided in Rule 12. However, in the rule that guide the
Jharkhand Recruitment for Civil Judges (Jr. Division), there is no such time
limit prescribed. In that view of the matter, the direction given by the Hon'ble
Supreme Court in Malik Mazhar Sultan's case (supra), should be followed
by the State of Jharkhand as well as the Jharkhand Public Service
Commission. In that view of the matter, we are inclined to issue notice.
Mr. Devesh Krishna, learned S.C.(Mines)-III, accepts notice on
behalf of respondents-State of Jharkhand; Mr. Amit Kumar Das, learned
counsel, accepts notice on behalf of Jharkhand High Court through its
Registrar General, and; Mr. Sanjoy Piprawall, learned counsel, accepts
notice on behalf of Jharkhand Public Service Commission. They have
already received advance copy of the brief.
Let them file counter affidavit within six weeks.
Rejoinder, if any, two weeks thereafter.
Put up this case on 06.12.2023.
In the interregnum, we further direct that all these petitioners would
be allowed to fill-in their forms in physical mode and if they are found
otherwise eligible, not on the question of the overage, then they shall be
allowed by the Jharkhand Public Service Commission to take the
examinations. However, the final result shall be subject to the outcome of
the writ petition, with a further stipulation that the petitioners shall not claim
any equity on the basis of the orders passed by us in the interregnum.
Let a free copy of this order be handed over to Mr. Piprawall for early
compliance.
Urgent Certified copies as per rules.
(Sanjaya Kumar Mishra, C.J.)
(Ananda Sen, J.)
Manoj/MM
