MAHARASHTRA PUBLIC SERVICE COMMISSION Vs. SUNIL SANTOSH PAWAR

JUDGEMENT

(1.) By order dated 18th June, 2018, the Hon'ble the Acting Chief Justice ordered the constitution of the Full Bench to resolve the conflicting views expressed by the two Hon'ble Division Benches of this Court in cases of V.D. Arati Prabhakar Dubewar V/s. Ayurveda Seva Samiti Sanchalit D.M.M. Ayurved Mahavidyalaya Yavatmal, Through Its Principal and Others, 2011 2 MhLJ 132 (Dubewar) and in The Secretary, Maharashtra Public Service Commission V/s. Manish Ramchandra Patil and Another, (Writ Petition No. 1587 of 2015) decided on 12th June, 2015 (Patil). Accordingly we proceed to answer the reference.

(2.) In "Dubewar" (supra), the Division Bench comprising Shri S.A. Bobde, J. (as his Lordship then was) and Shri A.B. Choudhari, J. was concerned with a Petitioner who had applied for selection to the post of Reader. The maximum age limit prescribed for selection was 35 years as on the last date for receipt of applications. The Petitioner - Dubewar was 45 years 8 months and 2 days old as on the last date. However, she contended that she was entitled to cumulative age relaxation by 13 years. She relied on certain rules /executive instructions which provided 10 years age relaxation in favour of physically challenged applicants and 3 years age relaxation in favour of reserved category applicants. In the absence of any indication in the rules/ executive instructions as to whether age relaxation should be construed on cumulative basis as contended by Petitioner Dubewar, the Division Bench held that age relaxation will have to be construed on a non cumulative basis. Therefore, the Petitioner Dubewar was held entitled to age relaxation by maximum 10 years and not 13 years as contended by her.

(3.) The reasoning of the Division Bench in Dubewar (supra) is reflected in paragraph 7, which reads thus: