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2010 Supreme(MP) 571

ARUN MISHRA, SUSHMA SHRIVASTAVA
Bindu Patel – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Parag Chaturvedi for petitioner.
P.K. Kaurav, Deputy Advocate General for respondent No. 1/State.

ORDER

Arun Mishra, J. -- 1. The petitioner has challenged the vires of Rule 8 (1) (a) and Column No.3 of Scheduled III of Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991 (hereinafter referred to as 'Rules of 1991') which prescribes the minimum age limit to be 24 years for appearance in the examination for the post of Assistant District Public Prosecution Officer (in short 'ADPO').

2. The petitioner has submitted that she had passed five years LLB course (P/1) on 16.7.2008 with 1st division. On 29.12.2008, advertisement (P/2) was pablished in Rozgar Nirman Employment newspaper for the post of ADPOs. 200 posts of ADPOs were advertised. Qualification for the afore-referred posts was the degree in law from any recognized University or equivalent and persons possessing 1st division or two years practice at Bar or higher qualification shall be preferred.

3. Rule 8 (1) (a) of the Rules of 1991 provides that the candidate must have attained the age as specified in Column (3) of Schedule III and below the age specified in Column (4) of the said schedule. In Column (3) of Schedule III of the Rules of 1991, the minimum age limit prescribed is 24 years whereas maximum































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