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RAJANI DUBEY
Devendranath Sharma, S/o Late MM Nath Sharma – Appellant
Versus
State Of Chhattisgarh, through the Secretary, Department of Higher Education – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed for setting aside the letter dated 26.6.2012 (Annexure P/1) issued by respondent No.1/State to respondent No.2, thereby disqualifying the petitioner for the post of Assistant Professor.
2. Brief facts of the case are that the petitioner is having Ph.D. degree in the concerned subject awarded in the year 2000 from Dr. Hari Singh Gour University, Sagar (MP). He was working as a Casual Lecturer and Part-time Professor/Assistant Professor on contract basis since 1995 in different colleges. Since he fulfilled the requisite qualification as well as had the required experience as per the advertisement dated 22.6.2009 published by CGPSC, he applied for the post of Assistant Professor in the year 2009, but his candidature was rejected due to overage. Thereafter, the petitioner and three other candidates filed a writ petition i.e. WPS No.2711/2009 before this Court. This Court directed that the case of the petitioners only would be considered for relaxation of age in light of the observations made by the State Government. Accordingly, the State Government informed the Public Service Commission about the deci
The central legal point established in the judgment is the entitlement of the petitioner to age relaxation similar to other candidates, as supported by the Constitution of India, Article 226, and rel....
The court established that age relaxation provisions must be interpreted to include current examinations to ensure justice and avoid unnecessary hardship.
The main legal point established in the judgment is the entitlement to age relaxation and weightage for experience based on previous judgments and the peculiar facts of the case.
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