VED PRAKASH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER has questioned the constitutional validity of Note 3 to Schedule II of the M.P. Panchayat Samvida Shala Shikshak (Recruitment and Conditions of Service) Rules, 2001. Grievance is that it is violative of Arts. 14 and 16 of the Constitution of India. Maximum age of recruitment provided by the Rules is 33 years for the post of Samvida Shala Shikshak. Note 3 appended to Schedule II provides that :

(2.) THIS is not the only relaxation in the Rules of 2001. Age relaxation is provided in favour of Scheduled Castes, Scheduled Tribes and Backward Classes or other classes as per rules of the Government. For women, age relaxation is ten years in addition to other relaxations. The Instructors -Supervisors of centres of non -formal education have been given eight years relaxation in their age limit. Petitioner's challenge is confined to the category quoted above. His submission is that the age relaxation could be provided proportionately to those candidates who have served for periods less than three years in order to make the relaxation reasonable and general to other categories.

(3.) THE Legislature has fixed three years period for serving the institution and it cannot be said that it is not based on any criteria or it is arbitrary and whimsical. The petitioner could not assail it on any justifiable ground. Therefore, it cannot be held to be unconstitutional. Consequently, we find no merit in this petition and the same is dismissed.