ARUN SINGH BHADOURIYA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner is working as Samvida Shala Shikshak Class II in the government School, Sada (Goram), Block Mehgaon, District Bhind. He applied pursuant to an advertisement issued by the Madhya Pradesh Public service Commission on 26-2-2007 inviting applications for 240 posts of Civil judge (Entry Level) in the Lower Judicial Services. He was allowed by the M. P. Public Service Commission to take the preliminary examination on 15-5-2007 and alter being successful, he was allowed to take final examination conducted by the M. P. Public Service Commission on 5-8-2007. Since he was successful in the final examination, he expected that he will be called for interview by the M. P. Public Service Commission but he was not called for interview. He came to learn subsequently that he was not called for interview because he had completed the upper age limit of 35 years as on 1-1-2008 and was, thus, not eligible for recruitment to the post of Civil Judge (Entry Level ). Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution of India.

(2.) MR. Rajendra Tiwari, learned Senior Counsel appearing for the petitioner, submitted that the petitioner was a Government servant and under the Second Proviso to Rule 7 of the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994, the upper age limit of a candidate who is a Government servant was relax able up to 38 years for direct recruitment to the post of Civil Judge (Entry Level ).

(3.) RULE 7 of the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994, under which the petitioner claimed exemption, is quoted herein below:-