The Patna High Court in the case Satyam Abhishek vs State of Bihar and Others observed and has dismissed the Public Interest Litigation, PIL moved challenging the notification for the selection of candidates to the positions of constables in the Bihar Police and the Bihar Special Armed Police.
The Division bench comprising of Chief Justice K. Vinod Chandran and Justice Partha Sarthy in the case observed and has stated that this court do not find any arbitrariness in fixing a cut-off date for acquisition of qualification and also satisfying the stipulation as to upper and minimum age limit. Thus, it being for the Appointing Authority to determine such things and if there is no colourable exercise or arbitrariness.
Adding to it, the bench stated that this court have to keep in mind that the State, the Appointing Authority is better placed to decide on such stipulations and when the application was brought out on June 09, 2023, thus, there is nothing unfair in stipulating a prior date and that too in the immediate prior year for the purpose of acquisition of qualification and satisfying the stipulation of age.
The court in the case observed and has stated that the petitioner did not present a case demonstrating how the stipulations hindered the candidature of him.
The PIL moved challenged the notification on the grounds of qualification stipulation dated August 01, 2022 and the age limits. It has also been argued before the court that this cut-off date excluded candidates who had completed their intermediate courses (10+2 courses) during the academic year 2022-23.
The petitioner in the plea claimed that this requirement hindered equal opportunities in public employment. It ahs also been pointed out by the counsel, AG PK Shahi appearing for the State that the prescribed cut-off date aligned with the Bihar Government’s decision to establish the age limit as of the same date, as evident from Clause 17 of the advertisement. Thus, he also emphasized that the age and educational requirements were to be verified as of August 01, 2022 for all the categories of applicants. The High Court in the case observed and finds no substantial reason to invoke its exceptional jurisdiction in the interest of the public. Accordingly, the court dismissed the writ plea in limine.
