IMPORTANT POINT
The court established that age relaxation provisions must be interpreted to include current examinations to ensure justice and avoid unnecessary hardship.

ORDER :

1. Regard being had to the similitude of the issue involved, all the writ petitions were heard analogously and decided by this common order. For convenience sake, facts of Writ Petition No. 1107/2024 are taken into consideration.

2. The present petition (Writ Petition No. 1107/2024) under Article 226 of the Constitution is preferred by the petitioner seeking following reliefs:

“1. That, the condition contained in advertisement dated 30-12-2022 (Annexure-P/1) and in corrigendum dated 18-12-2023 (Annexure-P/2) which restrict the candidate to appear in exam who is above 48 years may kindly be quashed.

2. That, respondents may kindly be directed to Permit the Petitioner to participate in the selection process for assistant professor.

3. That, any other relief which this Hon’ble High Court may deem fit, with cost of the petition.”

3. Precisely stated facts of the case are that the petitioner is working as Guest Faculty against the post of Assistant Professor (Geography) in Higher Education Department. Petitioner acquired Ph.D. and passed National Eligibility Test. She is serving as Guest Faculty in the Colleges of Higher Education Department since 2004. In the State of Madhya Pradesh after 1990-93, M.P. Public Service Commission did not conduct any examination for the appointment to the post of Assistant Professors till 2017. Therefore, gap of around 24 years ensued and this rendered many aspirants for teaching job as Guest Faculty Teachers where they perform duties on meagre sum. Some turned over age.

4. Respondent No. 3 - M.P. Public Service Commission issued an advertisement on 30-12-2022 inviting applications for Assistant Professors on different disciplines in which last date was 19-3-2023. It appears that after last date for examination, some corrigendum was issued for including the information regarding State Eligibility Test (SET) vide corrigendum dated 18-12-2023. In short, process is still in the initial stage.

5. On 5-10-2023 (Annexure P/3) Higher Education Department, Government of Madhya Pradesh issued an order in which certain decisions were reflected regarding reservation and extension of limit for age relaxation. Immediately thereafter on 6-10-2023, the said proposal as reflected in the order dated 5-10-2023 was finalized and it was clarified that Guest Faculty Teachers would be bestowed with benefit of age relaxation for maximum 10 years in which every academic session would fetch the benefit of one year each towards age relaxation.

6. Now petitioner wants to avail the said benefit and wants to submit her examination papers but she is restricted by the interpretation of circular. Her examination form has not been accepted by the website of M.P. Public Service Commission, therefore, this petition has been preferred.

7. It is the submission of learned counsel for the petitioners that once age relaxation has been given by the State Government vide order dated 6-10-2023 as employer, then respondents No. 3 and 4 being Selection Agency are not legally authorized to reject the examination form. State Government has given the age relaxation to the extent of 10 years. Earlier General Administration Department extended maximum age for Guest Faculty Teachers vide circular dated 20-12-2022. Three years extension was given in addition to this, by circular dated 18-9-2022 because of wrath of COVID-19 pandemic. Therefore, before issuance of order dated 6-10-2023, Guest Faculty candidates could apply till 48 years of age. With the aid of recent circular dated 6-10-2023 now they can apply till 58 years of age (in case of SC/ST/OBC/Women). For General category candidate maximum age would be 53 years.

8. Petitioner - Dr. Rashmi Chaudhary is 53 years of age. Therefore, being woman, she can avail the benefit up to 58 years of age.

9. It is further submitted that purpose of this circular is to grant benefit to the affected parties and that can only be the guiding feature for issuance of the said circular. Therefore, while relying the judgme