M.S. Sonak, J.

By order dated 18th June, 2018, the Hon'ble the Acting Chief Justice ordered the constitution of the Full Bench to resolve the conflicting views expressed by the two Hon'ble Division Benches of this Court in cases of V.D. Arati Prabhakar Dubewar V/s. Ayurveda Seva Samiti Sanchalit D.M.M. Ayurved Mahavidyalaya Yavatmal, Through Its Principal and Others, 2011(2) Mh.L.J. (Dubewar) and in The Secretary, Maharashtra Public Service Commission V/s. Manish Ramchandra Patil and Another, (Writ Petition No. 1587 of 2015) decided on 12th June, 2015 (Patil). Accordingly we proceed to answer the reference.

MAIN ISSUE INVOLVED IN THE REFERENCE :

2. In “Dubewar” (supra), the Division Bench comprising Shri S.A. Bobde, J. (as his Lordship then was) and Shri A.B. Choudhari, J. was concerned with a Petitioner who had applied for selection to the post of Reader. The maximum age limit prescribed for selection was 35 years as on the last date for receipt of applications. The Petitioner Dubewar was 45 years 8 months and 2 days old as on the last date. However, she contended that she was entitled to cumulative age relaxation by 13 years. She relied on certain rules/executive instructi