R C CHATURVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution.

(2.) THE petitioner is a Veterinary Assistant Surgeon in the service of the Government of Madhya Pradesh and at present is posted as Inspector, Live Stock, Gwalior. On 31-12-1966 the State Government framed certain Rules under Article 309 of the Constitution for recruitment of the M. P. Veterinary (Gazetted) Service, vide Annexure 1. Rule 6 of the Rules provides for recruitment to service, by direct recruitment by selection, as well as by promotion. Rule 8 lays down the conditions of eligibility of direct recruits. Sub-clause (i) of Clause (c) of Sub-rule (i) of Rule 8 provides that permanent Government servants should not be more than 30 years of age. Sub-clause (ii) of the said clause on the other hand provides that temporary Government servants should not be more than 35 years of age. The contention of the petitioner is that this discrimination between the permanent and temporary Government servants in respect of age of eligibility offends Articles 14 and 16 of the Constitution. In 1967 the Government advertised certain gazetted posts, vide Annexure III. But his claim to the said post was rejected in view of the rule referred to above. He has, therefore, filed this petition praying that the rules may be struck down and also the action taken thereunder.

(3.) THE petitioner urged certain other grievances in this petition but it is not necessary to consider them as they were not pressed before us.