SMT. BHAGYASHREE SYED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in the present petition is to the proviso to Rule 3 and Rule 6 (6) of the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter referred to as the 1961 Rules) in relation to its application to Madhya Pradesh Judicial Service. The relevant Rules read as under:-

(2.) The challenge arises out of the fact that an advertisement was issued on 9.3.2017 to fill up 42 post of District Judge (Entry Level) in the payscale of Rs. 51550-1230-58930-1380-63070/- in the cadre of Higher Judicial Service by direct recruitment from amongst the eligible Advocates under Rule 5 (1)(c) of the M.P. Higher Judicial Service (Recruitment and Conditions of Service) Rules, 1994 (for short "the Rules").

(3.) The petitioner appeared in the preliminary examination as a candidate for appointment to the service and was successful. It is thereafter, the petitioner submitted her application for main examination. In the application, there was a column seeking information about the number of children as also the number of children born after 26.1.2001. She disclosed that she had 3 children and one of them was born after 26.1.2001. She qualified the main examination as well. Thereafter she was asked to submit Personal Information in the form which was available on the website before appearing for interview. Again, she submitted information that she had 3 children out of which one was born after 26.1.2001. After the Personal Information was uploaded she was issued with an admit card and then she appeared for interview on 16.9.2017. The grievance of the petitioner is that her name was in the provisional select list of the successful candidates. On enquiry, the petitioner was informed that her candidature has been cancelled. On the basis of information obtained under Right to Information Act, the petitioner was informed that her candidature has been cancelled in view of Clause 3 of the advertisement and in view of Rule 6 (6) of 1961 Rules.