J U D G M E N T

(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.

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

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.

(iii) A candidate who is a retrenched Governm