RISHI KUMAR SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondent authorities to conduct selection process in accordance with the University Grants Commission regulations eligibility criteria by prescribing the age limit as 51 years. A direction is further sought that the benefit of relaxation of age granted to the Shiksha Karmis vide circular dated 02.06.2004 of the General Administration Department, Government of Chhattisgarh, be extended to the Assistant Professors also, who were engaged earlier on contract basis, since 1993 onwards.

(2.) THE facts, in brief, are that pursuant to the advertisement dated 15.05.2009 (Annexure P/1), issued by the respondent No. 2, wherein the last date for filing application was indicated as 22.06.2009, the petitioner made an application for selection and appointment on the post of Assistant Professor. The petitioner participated in the written examination conducted on 29.11.2009. However, he was declared as not eligible on account of being over-age. In the advertisement dated 15.05.2009, the upper age limit prescribed was 37 years. In the meantime, some candidates approached this Court in W.P.(S) No. 5830/2010 (Dr. Pranjal Pathak & Others v. State of Chhattisgarh & Others) and other connected matters wherein a Division Bench of this Court, after having considered all the aspects, in its order dated 29.03.2012, held that it would be just and proper to direct the respondents i.e. the State Government and the Public Service Commission to take interview of the petitioners granting them age relaxation, akin to Shiksha Karmis and then to complete the selection and appointment process. It was further held that the benefit of the judgment would be available only to those petitioners who had approached the Court and not to the others.

(3.) THE petitioner, after having accepted the terms and conditions, including the essential age requirement i.e. maximum upto 37 years, has filed this petition on 10.05.2012 seeking the abovestated directions. This is a case wherein after accepting the terms and conditions of the advertisement, the petitioner participated in the selection process. Thus, at this stage, grievance of the petitioner cannot be considered as it has become academic.