RANVEER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner present in person.

(2.) This provision specifically provides minimum age of 21 years and upper age of 35 years on the first day of January of next following year in which application for appointments are invited. But the proviso of sub-rule (b) gives relaxation in the upper age limit up to maximum of three years for the candidates belong to S.C./S.T. and O.B.C. category. Meaning thereby, a care has been taken in respect of these three categories for providing three years relaxation in the upper age limit Merely in some other Rules or under the Circular of the State Government there is a provision relaxing 5 years age in respect of the aforesaid categories, it cannot be a ground to declare the aforesaid Rule as ultra vires. A Division Bench of this Court in the case of Sheela Gaur (Smt.) v. State of M.P. and others, 2010 4 MPHT 195 has considered similar aspect and considering the aforesaid provision held thus:--

(3.) As the question of validity of the aforesaid Rule in particular relaxation of the upper age limit has already been examined, and the validity of the aforesaid Rule has been found to be intra vires, there is no reason before us to differ with the judgment to declare the aforesaid Rule as ultra vires insofar as it relates to providing relaxation for three years in upper age limit to the candidates belonging to the S.C./S.T. and O.B.C.