(Jabalpur, dtd.14.9.2021)

Per : Vijay Kumar Shukla, J.-

The present intra-court appeal has been filed under

Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand

Nyaypeeth ko Appeal) Adhiniyam, 2005 being aggrieved by the

order dated 17-01-2020 passed by the learned Single Judge in WP-

7265-2018 [Swaran Vibha Pandey vs. State of M.P. and others],

whereby the writ petition filed by the writ-petitioner/appellant

[hereinafter referred to as “the appellant”] has been dismissed. The

appellant has challenged the order dated 23-01-2018 passed by the

Selection Committee and further sought for a direction to the

respondents to appoint the appellant on the post of Forest Guard.

2.

In pursuance to the advertisement issued by the

respondents No.6, the appellant submitted her candidature for

appointment on the post of Kshetrarakshak Seoni and Vanrakshak

Hoshangabad in Jail Vibhag, Karyalaya Pradhan Mukhya Van

Sanrakshak and Rajya Van Vikas Nigam Limited Bhopal Combined

Recruitment Test, 2017. The petitioner passed the written

examination and she was declared qualified for second phase. After

declaration of the result of the written examination, the letter dated 9-

01-2018 was issued by the respondent No.4, asking the appellant to

appear for Biometric Examination, documents verification and

physical measurement on 23-01-2018 and for walking test on 24-01-

2018.

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3.

The appellant appeared on the said date as directed for

appointment on the post of Kshetrarakshak, Seoni. During course of

documents verification the Selection Committee declared the

appellant disqualified on the ground that she had crossed the upper

age limit of 30 years as fixed by the respondent No.6. The appellant

submitted a representation to the respondent No.4 taking the plea that

vide Circular dated 12-5-2017 issued by the respondent No.2,

relaxation of age upto 45 years has been extended to the women

candidates, but the said representation was rejected.

4.

The respondents filed their reply taking the stand that

since the appellant has crossed the maximum age limit prescribed

under the Madhya Pradesh Class-III (Non-Ministerial) Forest Service

Recruitment Rules, 2000 [hereinafter referred to as “the Recruitment

Rules”], therefore, she is not eligible for consideration. The

respondents placed reliance on Rule 8(1) of the Recruitment Rules

which provides for the minimum age and the post for which

relaxation in age can be granted. The said rule being useful to refer,

is extracted hereunder :

“8. Condition of Eligibility of Direct Recruitment.-

In order to be eligible for selection/competitive examination,

the candidate must satisfy the following conditions, namely -

(1)

Age : (a) He must have attained the age as prescribed in

Column (3) of Schedule III, and not attained the age as mentioned

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in Column (4) of the said Schedule on the first day of January

next following the date of commencement of selection.

(b)

The upper age limit shall be relaxable upto a maximum

of 5 years if a candidate belongs to Scheduled Caste, Scheduled

Tribe and Other Backward Classes.

(c)

The upper age limit shall be relaxable upto maximum of

10 years to a woman candidate in accordance with the provision

of Rule 4 of the Madhya Pradesh Civil Services (Special

Provisions for Appointment of Women) Rules, 1997:

[Provided that the above provision shall not be applicable for

the recruitment on the post of Forest Guards.]

(d)

The upper age limit shall also be relaxable in respect of

candidates who are or have been employees of the Madhya

Pradesh Government to the extent and subject to the conditions

specified below :

(i)

A candidate who is a permanent Government

Servant should not be more than 38 years of age.

(ii)

A candidate holding post and applying for another post

should not be more than 38 years of age. This concession shall

also be admissible to contingency paid employees, workcharged

employees and employees working in the Project Implementing

Committee