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Jharkhand High Court · body

2012 DIGILAW 737 (JHR)

Mukesh Kumar v. State of Jharkhand through the Secretary, Water Resources, Department

2012-05-10

D.N.PATEL

body2012
ORDER By the Court.- The present petition has been preferred for reduction of the minimum age required for the post of Junior Engineer advertised by the respondent State. The minimum age prescribed by the respondent State for appointment on the post of Junior Engineer is 21 years as amended by the corrigendum (Annexure 10 to the memo of the petition) issued by the respondent State but as per the submission of the counsel for the petitioner, the age of appointment should be 18 years. 2. Counsel for the petitioner also submitted that in various other institutions the minimum age limit for appointment on the post of Junior Engineer is 18 years and since qualification for the post of Junior Engineer is diploma in Engineering and normally, after Standard X, it takes three years to complete diploma in Engineering and generally, a person acquires a diploma in Engineering at the age of 18 years and therefore, Government should have taken a policy decision that age for appointment on the post of Junior Engineer should be 18 year instead of 21 years. 3. Counsel for the respondents submitted that it is a policy decision taken by the respondent State that 21 years is the minimum age limit for appointment on the post of Junior Engineer while the maximum is 35 years. Counsel for the State submitted that a candidate might hold a diploma in Engineering at the age of 18 years but they lack the maturity and wisdom required for a candidate to be appointed and discharge the duties associated with the post of Junior Engineer and therefore. the respondent State has taken a policy decision that the minimum age of the candidate applying for the post of Junior Engineer is 21 years considering tile nature of the duties and work associated with the post of Junior Engineer and therefore, the policy decision taken by the State may not be altered by the Court in exercise of the power under Article 226 of the Constitution of India. 4. Counsel appearing for the respondent Nos. 4 and 5 has accepted the argument canvassed by the State and has further submitted that there is no legal duty vested in the respondents to prescribe the age of 18 years for appointment on the post of Junior Engineer and consequently. 4. Counsel appearing for the respondent Nos. 4 and 5 has accepted the argument canvassed by the State and has further submitted that there is no legal duty vested in the respondents to prescribe the age of 18 years for appointment on the post of Junior Engineer and consequently. there is no corresponding right vested in the petitioner to be appointed at the age of 18 years and hence no writ of mandamus can be issued by this Court upon the respondents. 5. Having heard counsel for both sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition on the following grounds: (1) The respondents have advertised for the post of Junior Engineers, vide advertisement No. 27/2012 (copy at Annexure 9 to the memo of the petition) which has been published in the year 2012 and last date of application is 31st March; 2012. Looking to Clause 3 of the said public advertisement, minimum age prescribed for the post in question is 23 years and the maximum age limit is 35 years for general candidates and age relaxation is given for the reserved category. Thereafter, a corrigendum was issued (at Annexure 10 to the memo of the petition), vide which the minimum age limit has now been prescribed at 21 years instead of 23 years. (II) It further appears from the facts of the case that the post in question is Junior Engineer. The minimum qualification is diploma in Civil/Electrical/Mechanical Engineering. Counsel for the petitioner has submitted that a candidate can obtain the aforesaid qualification at the age of 18 years and therefore, minimum age ought to have been prescribed as 18 years instead of 21 years. Diploma in Engineering takes three years to complete after clearance of 10th standard examination. Thus, a reasonably good candidate is supposed to acquire diploma in Engineering at the age of 18 years and is supposed ready to offer his candidature for the post of junior Engineer. This argument appears to be attractive but have no force in the eye of law because for appointment on the post of Junior Engineer in a Government department, as per the policy decision taken by the respondent State, minimum age limit is 21 years. This Court is not sitting in appeal against the policy decision taken by the State. This argument appears to be attractive but have no force in the eye of law because for appointment on the post of Junior Engineer in a Government department, as per the policy decision taken by the respondent State, minimum age limit is 21 years. This Court is not sitting in appeal against the policy decision taken by the State. It further appears from the facts of the case that a candidate may have achieved minimum qualification slightly earlier but that does not mean that Government should appoint such candidates immediately because the duties associated with the post of Junior Engineers in Civil, Electrical and Mechanical branches require maturity and capacity to understand the directions given by the officers holding high posts. It also requires wisdom to perform the duties with full sensitivity and therefore, it is not necessary or obligatory on the part of the Government to appoint a candidate who has just acquired the minimum educational qualification. It all depends upon the wisdom of the Government and it all depends upon the policy decision of the Government as to at what age a candidate should be appointed as a Junior Engineer considering the educational qualification and maturity of the candidate to shoulder the responsibility associated with the post in question and considering such factors the respondent State has fixed the minimum age limit at 21 years for appointment on the post of Junior Engineer. 6. I am, therefore, not inclined to interfere in exercise of power under Article 226 of the Constitution of India, in the policy decision taken by the respondent State and to reduce the minimum age for appointment on the post of Junior Engineer prescribed in the corrigendum (at Annexure 10 to the memo of the petition) issued by the respondent State. 7. In view of the above, this writ petition is accordingly dismissed with a cost of Rs. 500/-. The cost will be deposited by the petitioner before the respondent No. 2 within a period of four weeks from today. Petition dismissed.