JOGENDRA SINGH & OTHERS Vs. STATE

JUDGEMENT

(1.) PETITIONERS were candidates who had sought permission to appear in the selection process being conducted by the respondents for appointment on the post of Sub Inspector. Admittedly petitioners were over age and therefore they sought relaxation in the age criteria mainly on the ground that they are working as Samvida Shala Shikshak and therefore, the period spent by them in the said capacity should be excluded and appropriate relaxation granted. It is therefore, in sum and substance the case of the petitioners that keeping in view the working of the petitioners as Samvida Shala Shikshak, petitioners should be granted age relaxation. The question as to whether a Shikshak appointed by the Gram Panchayat under the Samvida Shala Shikshak (Recruitment and Conditions of Contract) Rules, 2000 and the benefit to be granted for age relaxation to such persons has been considered by a Division Bench of this Court in the case of Arun Singh Bhadouriya Vs. State of M.P. and others -2009(2) MPHT 227, and it has been held that a Samvida Shala Shikshak appointed by the Gram Panchayat or the Janpad Panchayat is not a 'Government Servant' and is not entitled for age relaxation upto the age of 38 years as provided for in the M.P. Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994 and this Court has held that Samvida Shala Shikshaks are not 'Government Servants' and are not entitled to considered at par with those available to individuals in service, no indulgence into the matter can be made by this Court.

(2.) Accordingly, in the light of the law laid down in the case of Arun Singh Bhadouriya (supra), petitioner cannot be granted age relaxation.

(3.) SIMILAR relief claimed for in the same recruitment process has already been rejected by this Court in W.P. No. 19301/2011 -Pankaj Kumar Raile Vs. State of M.P. & Others vide Annexure R/2 and therefore, no case is made out for any further indulgence now. In view of the above, this petition is dismissed.