IMPORTANT POINT
Exceptional circumstances, such as continuous service and changes in age limit, may warrant the court to grant relaxation of age for participation in fresh selection processes.

JUDGMENT

1. This instant writ application has been filed by the writ petitioner seeking relaxation and condonation of her age for appearing in any future selection process to the post of Auxiliary Nurse Midwife (ANM), and in addition has also prayed for regularization and also that she not be ousted from service during the pendency of the writ petition.

2. Ms. D. Mawthoh, learned counsel for the petitioner submits that the petitioner was initially appointed on 16.03.2010 as an Auxiliary Nurse Midwife (ANM) on contract basis for a period of 11(eleven) months and has since continued in the said post after extensions were given from time to time till date. Learned counsel submits that on 19.07.2016, an advertisement had been issued for recruitment to a large number of Auxiliary Nurse Midwife (ANM) posts, with the qualifications prescribed therein of S.S.L.C. passed, with 18(eighteen) months Training Course of Nursing and an age limit 18 to 27 years relaxable by 5(five) years for Scheduled caste and Tribe candidates. Learned counsel further submits that at that point of time, the petitioner had applied for the said post but her application was not accepted, on the ground that she was over-aged and that though a representation was made before the State respondents, the same was rejected. Being faced with this situation, learned counsel submits, the writ petitioner is before this Court by way of the instant writ petition seeking relaxation of age for any fresh selection.

3. Mr. K.P. Bhattacharjee, learned GA for the State respondents on instructions received, which have been produced before this Court today submits that by the Notification dated 02.05.2018, an amendment was made to the Meghalaya Nursing Service Rules, especially Rule 9 which provides that, in the case of candidates belonging to Scheduled Tribes and Scheduled Castes, the upper age limit shall now be relaxable by 10(ten) years, meaning thereby that candidates who have not yet attained the age of 37(thirty-seven) years would be eligible to apply for any selection. He submits that the present writ petitioner therefore would not be qualified to apply for any future selection in view of the prescribed age limit. The learned GA has also produced the most recent communication whereby an advertisement has been issued on 06.10.2021 by the respondents for recruitment to 132 posts of Auxiliary Nurse Midwife (ANM).

4. On being queried Mr. K.P. Bhattacharjee, learned GA further submits as per the records of the earlier selection process, it appears that the writ petitioner has not appeared in any selection process till date but is continuing to serve as an ANM.

5. I have heard learned counsel for the parties.

6. The only issue which is to be determined in the present writ petition is to whether it would be permissible for the Court in exercise of its discretionary powers under Article 226 of the Constitution of India, to grant relaxation of age and whether grant if any, can be considered by taking into account the facts and circumstances which surround this particular case. In this regard, it is noted that the writ petitioner has been continuously in service since 2010, though initially on contractual basis, which however was extended from time to time, and continues to be in service till date as an ANM. It is therefore not a case that the writ petitioner is a fresh applicant, or has not been in the employ of the State respondents in the particular post of Auxiliary Nurse Midwife (ANM) for which she possesses the requisite qualifications.

7. Prescription of age limit and relaxation is made in furtherance of the policy of the State, and the same constitutes a policy decision made, which is to be consistent with the requirements of the post and in this regard, Courts are slow to interfere with any stated stipulation with regard to age. However, in view of the peculiar facts and circumstances surrounding this case, this Court is of the view that the case of the petitioner deserves some con