Patna High Court
Rupesh Tiwary vs The State Of Bihar on 8 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8802 of 2020
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1. Rupesh Tiwary Son of Dinanath Tiwari Resident of Village- Chhitauli
Kalan, P.S.- Goriyakothi, District- Siwan.
2. Rajesh Kumar Son of Kamleshwari Prasad Raw Resident of Village- Domo,
P.O.- Kumarpur, P.S.- Fullidumar, District- Banka.
3. Md. Hajeque Ali Son of Md. Zainul Abedin Resident of Sultanganj, Haruwa
Danga, P.S.- Dighabank, District- Kishanganj.
4. Sadanand Choudhary Son of Gulab Chandra Chaudhari Resident of Village-
Parasarama, P.S.- Supaul, District- Supaul.
5. Rakesh Tiwari Son of Deenanath Tiwari Resident of Ward No. 20, Chhitauli
Kala, P.O. and P.S.- Laxmiganj, District- Siwan.
6. Vivek Bharti Son of Jitendra Prasad Yadav Resident of Ward No. 01, Near
Prathamik Swasthy Kendr, Badahiya, P.O.- Hathiaundha, P.S.- Bihariganj,
District- Madhepura.
7. Navin Kumar Son of Late Birendra Sharma Resident of Near Malaria
Office, Ghagha Ghat Road, Mahendru, P.S.- Sultanganj, District- Patna.
8. Kumar Guarav Son of Ranjit Singh Resident of Village- Misi, P.S.-
Bakhtiyarpur, District- Patna.
9. Dharmendra Singh Son of Raj Narayan Singh Resident of Khajurbanna,
Near Singh Homeopathic Clinic, Mahendru, P.S.- Sultanganj, District-
Patna.
10. Lakshman Kumar Son of Bhogi Lal Yadav Resident of Village- Mujiyasi,
P.O.- Parsa, P.S.- Ghoghardiha, District- Madhubani.
11. Divya Shikha Wife of Umesh Kumar Resident of Masaudhi, P.S.- Masaudhi,
District- Patna.
12. Vishwajit Kumar Son of Sudarshan Pandey Resident of Village- Dehri, P.S.-
Dehri, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, General
Administration Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Health Department, Govt. of Bihar, Patna.
3. The Secretary, Bihar Technical Service Commission, Harding Road, Patna.
4. The Examination Controller, Bihar Technical Service Commission, Harding
Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Sharma, Advocate
For the Respondent/s : Mr.Ajay Behari Sinha, GA 8
Mr. Nikesh Kumar, Advocate
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Patna High Court CWJC No.8802 of 2020 dt.08-04-2021
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 08-04-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents through video conference.
Learned counsel for the petitioner has filed an undertaking
that all defects pointed out by the stamp reporter shall be
removed, and compliance with the conditions of the
notices of this Court with regard to acceptance of e-filing
shall be made, without delay immediately upon
resumption of normal physical functioning of the Court,
and in any event within one month thereof.
2. The following reliefs as formulated by the
petitioner have been claimed in the writ petition--
"(i) For issuance of writ in the nature
of mandamus for a direction to the
respondent authorities to grant relaxation
in age to the petitioners in filing of form
for Advertisement No. 04/2020 to 09/2020
dated 23.01.2006 issued by the Personnel
and Administrative Reforms, Department,
Bihar.
(ii) For issuance of writ in the nature of
mandamus for a direction to the
respondent authorities to allow the
petitioners to fill-up the form of
Patna High Court CWJC No.8802 of 2020 dt.08-04-2021
Advertisement No 04/2020 to 09/2020 and
they may not be debarred due to overage
as the Advertisement has been published
by the Government for a long delay i.e.
more than once decades.
(iii) For any other relief/reliefs if
petitioners found entitle in the facts and
circumstances of the present case."
3. At the very outset and without going into the
detailed merits of the matter, the parties are in agreement
that orders have been passed in similar matters by this
Court with regard to relaxation of age in the present
context. Reference has been invited to the decision of this
Court in CWJC No.8888 of 2020 which was disposed of,
inter alia, with the following directions -
"(i) The petitioners shall be granted age
relaxation for maximum of 12 years.
(ii) While determining as to how much
relaxation in age can be allowed to them,
the respondents shall take into account the
date of acquisition by them of their
requisite educational qualification.
(iii) They shall be treated to be eligible for
appointment in the year when they
acquired requisite educational
qualification. The difference of number of
years from the date of acquiring the
Patna High Court CWJC No.8802 of 2020 dt.08-04-2021
minimum educational qualification and the
year of publication of the present
advertisement shall be the maximum age
relaxation in upper age limit, which the
petitioners shall be allowed.
(iv) The respondents are directed
accordingly to accept the application forms
of these petitioners, if they are found to be
eligible after granting them age relaxation
in terms of the present order."
4. Accordingly and with consent of the parties, the
present writ petition is also disposed of in line with the
decision of this Court in CWJC No.8888 of 2020.
5. Office shall follow-up to ensure that all defects
are removed and compliance with the notices of this Court
are made by the petitioners within the stipulated time
provided in para 1 hereinabove, failing which the matter
shall be brought to the notice of this Court.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 90. 04.2021
Transmission Date N.A.
