Smt. Sarita Sharma vs State M.P. and Others

R.S. Jha, J.—Heard Shri Manoj Sharma, learned counsel for the petitioner and Shri B.P. Pandey, learned G.A. for the State on advance copy on the question of admission. The petitioner has filed this petition being aggrieved by the fact that she has been communicated with order dated 28.05.2013 informing her that she is not eligible for appointment on the post of Samvida Shala Shikshak Grade-III on account of the fact that she has crossed the age of 45 years on 01.01.2013.

It is submitted by the learned counsel for the petitioner that she has infact qualified in the examination held in the year 2011 on which date she was below 45 year. It is further stated that even otherwise under the provisions of M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of the Contract) Rules, 2005, the women are entitled to 10 years relaxation apart from the other relaxations available to the women candidates. The petitioner is also a green card holder and therefore is entitled to a further relaxation of two year but the authority without taking into consideration the aforesaid statutory rules or circulars of the State Government giving benefit of relaxation of two years to the green card holder has rejected the representation of the petitioner. It is also stated that as the recruitment proceedings were initiated prior to 01.01.2013, therefore, the petitioner could not have been disqualified, moreso, as age relaxation was available to her. It is also pointed out that as per the advertisement issued by the respondents in the year 2013 Annexure P/10, the maximum age prescribed for women candidates is 40 years and therefore even otherwise, in view of the provisions of rules 2005, the petitioner is entitled to age relaxation upto the age of 50 years which aspect has not been considered by the authority.

From a perusal of the impugned order it appears that the authorities have rejected the claim of the petitioner relying upon the circular dated 03.11.2012 which limits the maximum relaxation of 45 years.

Looking to the aforesaid submissions of the learned counsel for the petitioner, I am of the considered opinion that the matter is required to be examined by the competent authority of the State Government and in such circumstances, without entering into the merits of the case and without making any comments on the merits of the case, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation before the Head of the Department of the School Education within 15 days along with a copy of the order passed today, the authority concerned shall thereafter consider the claim of the petitioner in accordance with law, in the light of the rules, advertisement and the circulars issued by the State Government from time to time and shall thereafter pass a reasoned order as expeditiously as possible, preferably within a period of two months thereafter.

With the aforesaid directions, the petition filed by the petitioner stands disposed of. A typed copy of the order passed today be handed over the learned G.A. for the Sate for necessary compliance and information.