Niranjan Kumar v. State of Bihar through the Principal Secretary, General Administration Department
2021-04-08
AHSANUDDIN AMANULLAH
body2021
DigiLaw.ai
JUDGMENT : The matter has been heard via video conferencing. 2. Heard Mr. Abhinav Srivastava, learned counsel for the petitioners; Mr. Ajay Behari Sinha, learned GA 8 along with Mr. Syurakant Kumar, learned AC to GA 8 for the State and Mr. Nikesh Kumar, learned counsel for the Bihar Technical Service Commission (hereinafter referred to as the ‘Commission’). 3. The petitioners have moved the Court for the following reliefs: “ (i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Health Department of the State Government as well as Bihar Technical Service Commission, Patna [hereinafter referred to as “the Commission”) to take steps towards extending the benefits of relaxation in the upper age limit prescribed for consideration of cases of candidates for appointment against the posts of Occupational therapists and Physiotherapists pursuant to advertisement nos. 01/2020 and 02/2020 dated 12/03/2020 issued by the Commission in accordance with the decision of the State Government as contained under a letter dated 23/01/2006 bearing letter no. 212, issued by the concerned authorities under the then Personnel and Administration Reforms Department of the State Government. (ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Commission to refrain from acting in furtherance of advertisement nos. 01/2020 and 02/2020, till the time appropriate provisions are maid under the said advertisements for extending the benefits of relaxation in the matter of maximum age prescribed for appointment against the posts of Occupational Therapists and Physiotherapists under the General Service Sub Cadre of the Health Department of the State Government in compliance of the decision of the Government as contained under the aforesaid letter dated 23.01.2006 bearing letter no. 212 issued by the concerned authorities under the erstwhile Personnel and Administration Reforms Department of the State Government (now renamed as “the General Administration Department”); (iii) Issuance of a declaration holding that the petitioners and other similarly situated persons who despite having crossed the maximum age limit prescribed under the aforesaid advertisement nos.
212 issued by the concerned authorities under the erstwhile Personnel and Administration Reforms Department of the State Government (now renamed as “the General Administration Department”); (iii) Issuance of a declaration holding that the petitioners and other similarly situated persons who despite having crossed the maximum age limit prescribed under the aforesaid advertisement nos. 01/2020 and 02/2020, are entitled for being extended the benefits of relaxation in view of the fact that the last advertisement for considering cases of candidates for appointment against the posts of Occupational Therapists and Physiotherapists was published on 08/04/1995 and ever since then no steps have been taken by the concerned authorities towards making appointment against the said posts; (iv) Issuance of an ad interim direction upon the concerned authorities under the Commission to refrain from acting in furtherance of the advertisement nos. 01/2020 and 02/2020 and or in the alternative allow the present petitioners to provisionally submit their application forms pursuant to the said advertisement for consideration of their cases for appointment against the posts of Occupational Therapists and Physiotherapists subject to the outcome of the present writ application; (v) Any other relief/reliefs that the petitioners may be found to be entitled to in thefacts and circumstances of the present case.” 4. At the outset, learned counsel for the State and the Commission submitted that a decision has already been taken by the State Government to relax the age by 15 years for persons who are otherwise eligible to apply for the post of Occupational Therapists/Physiotherapists. 5. Learned counsel for the petitioners submitted that the application be disposed off in view of the stand taken on behalf of the authorities. 6. Having regard to the aforesaid, the writ petition stands disposed off in view of the stand taken by learned counsel for the State and the Commission that the State Government has already taken a decision for relaxation of the age by 15 years as a one-time measure for the purposes of Advertisements No. 01 of 2020 and 02 of 2020 dated 12th March, 2020, which covers the petitioners.