SHEELA GAUR Vs. STATE OF MP

JUDGEMENT

(1.) In the instant petition, the short grievance of the petitioner is that in the impugned advertisement dated 29.6.2009 inviting applications for the Civil Judge, Class-II (Entry Level) Examination, 2009, no age relaxation is given in respect of widow and divorcee women and, therefore, a direction has been sought commanding the respondents to make a provision of relaxation of age in respect of widow and divorcee women candidates up to 45 years.

(2.) It appears that an advertisement (Annexure-P/11) was published by respondent No.2, by which applications were invited for the post of Civil Judge, Class-II. In response to the aforesaid advertisement, the petitioner who is a widow and working as a Lower Division Clerk in District Consumer Forum has submitted an application. Clause-5 of the advertisement (Annexure-P/11) prescribes that candidate must have completed the age of 21 years as on 01.01.2010, but should not have completed the age of 35 years. Clause-7 of the advertisement deals with relaxation in age limit. It, inter alia, provides that in respect of reserved category candidates or Government servant (whether permanent or temporary), the upper age limit shall be relaxable upto a maximum of three years.

(3.) The grievance of the petitioner is that clause-7 provides for relaxation in age only up to 3 years whereas M.P. Public Service Commission and Chhattisgarh High Court has made a provision of relaxation of age in respect of widow, divorcee and woman candidates up to 45 years. Therefore, Clause-7 is discriminatory and violative of Articles 14 of the Constitution of India.