Judgment 1. This application was preferred by the petitioner for direction on the Respondents to accept the application filed by petitioner in pursuance of Advertisement No. 128/96 for appointment to the post of Assistant Engineer under the State, if necessary, on relaxation of his age. 2. The petitioner who is Junior Engineer under the Magadh University applied in pursuance of the aforesaid Advertisement No. 128/96, but was not called for interview by B.P.S.C, being overage. 3. In the aforesaid background, the petitioner moved this Court with grievance that other similarly situated persons, who are working as Junior Engineers under the State of Bihar, in their cases, on relaxation of age, they have been called for interview. 4. The counsel appearing on behalf of the B.P.S.C. pointed out that such relaxation was made in favour of the State Governments employee in view of stipulation made in the advertisement, in question. 5. The Court taking into consideration that the petitioner is functioning as Junior Engineer under the Magadh University and is almost similarly situated like the employees of the State, passed interim order on 10th July, 2000 and allowed the petitioner to appear in the interview conducted in pursuance of Advertisement No. 128/96. 6. Today when the case was taken up, the counsel for the B.P.S.C. submitted that the interview has not yet been conducted and a date will be notified later on, 7. In the facts and circumstances, while I allow the petitioner to appear in the interview in pursuance of the interview, in question, remit the matter to the Secretary, Road Construction Department, to place the matter of petitioner before the State for a decision as to whether the claim of petitioner for relaxation of age for appointment to the post of Assistant Engineer being accepted or not. 8. A decision, in this respect, be taken and communicated to the petitioner within three months from the date of receipt/production of a copy of this order, taking into consideration the eligibility, qualification; and experience of petitioner. 9. If the Respondents-State relaxed the age of petitioner for appointment, the B.P.S.C. will publish the result on such interview. 10. This application stands disposed of with the aforesaid observations and directions.