GENDLAL PATEL Vs. M P PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THIS is an appeal against the order dated 9-1-2008 passed by the learned single Judge in W. P. No. 11133/2007 (S) tiled under the Madhya Pradesh uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.

(2.) THE facts briefly are that the appellant, who was earlier serving in the Army and retired, applied pursuant to the advertisement issued by the M. P. Public Service Commission oh 2-1-2006 for the post of State Civil Services. After he took examination for recruitment to the State Civil Services, he was not called for interview and he was informed later on that his candidature was not. valid. As per sub-rule (5) of Rule 6 of the Madhya Pradesh Civil Services (General Conditions of Services) Rules, 1961, (for short 'the Rules'), no candidate shall be eligible for appointment to a service or post who has married before the minimum age fixed for marriage and the appellant solemnized marriage at the age of 21 years. Aggrieved, the appellant has filed Writ Petition no. 11133/2007 (S) but by the impugned order dated 9-1-2008 the learned single Judge dismissed the writ petition.

(3.) MR. Subodh Kathar, learned Counsel appearing for the appellant submitted that sub-rule (5) of Rule 6 of the Rules cannot be applied retrospectively to the date on which the appellant got married because sub-rule (5) of Rule 6 of the Rules was introduced with effect from 10-3-2000.