KALYAN SINGH JADON Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the advertisement No.13/2021, dtd. 28/12/2021, issued by respondent No.3/ Commissioner/Director, Homeopathy (Ayush), Bhopal whereby, applications have been invited for the post of Homeopathic Doctor in the State of Madhya Pradesh as 43 such posts under various categories were to be filled through the aforesaid advertisement.

(2.) The grievance of the petitioner is in respect of the age relaxation as, according to the condition No.7(II)(F) of the advertisement, it is provided that the minimum age would be 21 years whereas, the maximum should not be more than 40 years. In the advertisement itself, relaxation in the upper limit has also been provided in condition No.(I)(1), in the condition of age relaxation, which provides that there would be relaxation of five years as per the circular dtd. 4/7/2019, in respect of Other Backward Class, Government/Corporation/Board/Self Autonomous Bodies' employees/Home Guard/Women (Reserved/Unreserved) which would be 45 years.

(3.) Counsel for the petitioner has also referred to the provisions of Madhya Pradesh Ayush Department (Gazetted) Services Recruitment Rules, 2013 (hereinafter referred to as 'the Rules of 2013'). Rule 8(1)(c) of which provides that the concession of 45 years shall also be admissible to work charged employees, contingency paid employees and persons employed in the project implementing committees. The case of the petitioner is that the petitioner was appointed on 4/5/2020, under the delegated power of the provisions of Madhya Pradesh Public Health Act, 1949 by the Chief Medical and Health Officer, District- Dhar, which was for a period of three months, which was extended from time to time up to March,2022.