ANITA JAIN BADKUL Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner, a woman candidate, submitted her candidature for the post of Samvida Shala Shikshak (SSS) Grade-I. The grievance of the petitioner is that she was held to be ineligible because she is above 45 years of age.

(2.) Learned counsel for the petitioner by drawing attention of this Court on the statutory rules namely Madhya Pradesh Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 (in short "2005 Rules") submits that the petitioner being a woman candidate is entitled to get two relaxations mentioned in note (3) and (5) appended to the schedule 2 of the said rules. It is contended that petitioner being a woman candidate will get 10 years age relaxation and with further relaxation to the extent petitioner has worked previously as Saivida Shala Shikshak Grade-III. By placing reliance on Annexure P/6 dated 19.03.2013, it is submitted that petitioner has worked as Samvida Shala Shikshak Grade-III from 01st November, 2006 to 25th June, 2012. Adding 10 years in this experience will make her eligible.

(3.) Contention is opposed by Mrs. Pachauri. She placed heavy reliance on Annexure R/1 dated 08.03.2013. In this circular it is mentioned that earlier executive instructions are superseded and age of the candidate is to be counted on the basis of GAD circular dated 3 rd November, 2012. The said circular dated 3rd November, 2012 is also filed with the return. Para two of this circular prescribes 45 years as maximum age for all candidates including woman candidate.