Patnaik, C.J. -- 1. The petitioner is working as Samvida Shala Shikshak Class II in the Government School, Sada (Goram), Block Mehgaon, District Bhind. He applied pursuant to an advertisement issued by the Madhya Pradesh Public Service Commission on 26.2.2007 inviting applications for 240 posts of Civil Judge (Entry Level) in the Lower Judicial Services. He was allowed by the M.P. Public Service Commission to take the preliminary examination on 15.5.2007 and after being successful, he was allowed to take final examination conducted by the M.P. Public Service Commission on 5.8.2007. Since he was successful in the final examination, he expected that he will be called for interview by the M.P. Public Service Commission but he was not called for the interview. He came to learn subsequently that he was not called for the interview because he had completed the upper age limit of 35 years as on 1.1.2008 and was, thus, not eligible for recruitment to the post of Civil Judge (Entry Level). Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution of India.

2. Mr. Rajendra Tiwari, learned Senior Counsel appearing for the petitioner, submitted that the petitioner was a Government servant and under the Second Proviso to Rule 7 of the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994, the upper age limit of a candidate who is a Government servant was relaxable upto 38 years for direct recruitment to the post of Civil Judge (Entry Level).

3. Rule 7 of the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994, under which the petitioner claimed exemption, is quoted herein below :

"R. 7. Eligibility. -- No person shall be eligible for appointment by direct recruitment to posts in category (i) of Rule 3 (1) unless :

(a) he is a citizen of India;

(b) he has attained the age of 21 years and not completed the age of 35 years on the 1st day of January of the next following year in which application for appointment are invited :

Provided that the upper age limit shall be relaxable upto a maximum of three years, if a candidate belongs to Scheduled Castes, Scheduled Tribes or Other Backward Classes :

Provided further that the upper age limit of a candidate who is a Government servant (whether permanent or temporary) shall be relaxable upto 38 years :

Provided further that the upper age limit of a candidate shall be relaxable by appropriate number of years, if on recruitment takes place for one year or more, to the Madhya Pradesh Lower Judicial Service.

(c) he possesses a degree in law of any recognized University;

(d) he has good character and is of sound health and free from any bodily defect which renders him unfit for such appointment."

It will be clear from the Second Proviso to Rule 7 of the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994, that the upper age limit of a candidate who is a Government servant (whether permanent or temporary) is only relaxable upto 38 years."

4. The petitioner was appointed under the Madhya Pradesh Panchayat Samvida Shala Shikshak (Recruitment and Conditions of Contract) Rules, 2005 (for short 'the 2005 Rules') as Samvida Shala Shikshak by the Janpad Panchayat, Mehgaon, District Bhind. On perusal of the 2005 Rules, we find that a candidate on being selected for appointment as Samvida Shala Shikshak is employed on a contract for a maximum period of 3 years for a particular school under Rule 12, under the Zila Panchayat and Janpad Panchayat as the case may be. Hence, the employing authority of the petitioner is not the State Government but the Janpad Panchayat and the tenure of employee is governed by the contract of appointment. In Rule 10 of the 2005 Rules, it is stipulated that a Samvida Shala Shikshak shall be under the discretionary and administrative control of Zila Panchayat and Janpad Panchayat, as the case may be and the Disciplinary Authority of the petitio