'State Better Placed To Decide On Such Stipulations': High Court Dismisses PIL Challenging Selection Process Of Bihar Police Constables

A division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy observed,

“We 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. It is for the Appointing Authority to determine such things and if there is no colourable exercise or arbitrariness; this Court cannot set aside such stipulations.”

“We 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 09.06.2023, there is nothing unfair in stipulating a prior date; that too in the immediate prior year for the purpose of acquisition of qualification and satisfying the stipulation of age,” the bench added.

The court observed that the petitioner did not present a case demonstrating how the stipulations hindered his candidature.

The PIL had challenged the notification on the grounds of qualification stipulation dated 01.08.2022 and age limits. It argued that this cut-off date excluded candidates who had completed their intermediate courses (10+2 courses) during the academic year 2022-23, which had just concluded. The petitioner claimed that this requirement hindered equal opportunities in public employment.

Representing the State, AG PK Shahi pointed out 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. He emphasized that the age and educational requirements were to be verified as of 01.08.2022 for all categories of applicants.

The High Court, finding no substantial reason to invoke its exceptional jurisdiction in the interest of the public, dismissed the writ petition in limine.