SANTOSH CHOUBEY Vs. STATE OF M P

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the vires of Rule 8(i)(a) of Madhya Pradesh Education Service (Collegiate Branch) Recruitment Rules, 1990 (for short, Rules of 1990) so far as it fixes the first day of January next following date of commencement of the examination/selection, as the date for determining the eligibility of the candidates with respect to his/her age. For better understanding, Rule 8(i) of the Rules of 1990 is extracted below :--

(2.) According to the learned counsel for the petitioner, the eligibility of the candidate is required to be taken into consideration with reference to the last date of submission of application form and it cannot be left to be decided on the basis of fortuitous circumstance of commencement of the date of examination/selection. He submits that on account of the aforesaid illegal and arbitrary rule, the petitioner, who is qualified to be appointed on the post of Assistant Professor, as on the last date of submission of application form, shall be disqualified for appointment, if her maximum age is determined with reference to 1-1-2015 in pursuance to the aforesaid impugned rule.

(3.) Having considered the submissions made by the learned counsel for the petitioner and having gone through Rule 8(i)(a) of Rules of 1990, we find that there is no illegality or arbitrariness in fixation of the cut-off date.