SARIKA CHATURVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of parties the matter is heard finally. The petitioner has sought following reliefs:-

(2.) Case of the petitioner is that for recruitment on the post of Civil Judge, Class-II (Entry Level) by the Respondent No. 2 no relaxation has been made in the upper age limit, while under the provisions of M.P. Civil Services (Special Provision for Appointment of Women) Rules, 1997 (hereinafter referred to as the Rules of 1997) petitioner is entitled for special relaxation in the age for 10 years. It is submitted that this petition may be allowed and the petitioner may be permitted to participate in the process for appointment on the post of Civil Judge Class-II (Entry Level).

(3.) Shri V.S. Shroti, learned Senior Advocate for Respondent No. 2 opposed the aforesaid contention. It is submitted by him that by the recruitment is going on under the provisions of the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules 1994 (hereinafter referred to as the Rules of 1994), in which provision has been made under Rule 7, about age limit of the candidates for appointment on the post of Civil Judge Class II. Under the rules for the candidates belonging to Schedule Castes, Schedule Tribes or Other Backward Classes a special relaxation of three years in the age has been made. It is submitted by Shri Shroti that the controversy involved in this case has already been considered by the two Division Benches of this Court; one in W. P. No. 7783/2006 (Smt. Sangita Singh Parihar Vs. The Chairman, M.P. Public Service Commission and others decided on 10.8.2006 and another in W.P. No. 8977/2009 (Smt. Sheela Gaur Vs. State of M.P. and others decided on 6.5.2010.