Smt. Deepti Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 13090 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 11 th OF AUGUST, 2023
                                            WRIT PETITION No. 17447 of 2023

                           BETWEEN:-
                           SMT. DEEPTI SHARMA D/O SHRI MANNA LAL SHARMA,
                           AGED ABOUT 46 YEARS, OCCUPATION: HOUSE WIFE
                           R/O 36 RAILWAY STATION ORAD BARWAHA DISTT.
                           KHARGONE (MADHYA PRADESH)

                                                                                     .....PETITIONER
                           (SHRI KAMLESH MANDLOI, COUNSEL FOR THE PETITIONER .

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN   BHOPAL
                                 (MADHYA PRADESH)

                           2.    STATE OF MADHYA PRADESH THROUGH ITS
                                 SECRETARY TRIBAL AFFAIRS DEPARTMENT
                                 ADIVASI VIKAS BHAWAN, BHOPAL (MADHYA
                                 PRADESH)

                           3.    THE COMMISSIONER PUBLIC INSTRUCTIONS
                                 SECRETARIAT GAUTAM NAGAR SECTOR B
                                 BHOPAL (MADHYA PRADESH)

                           4.    MADHYA PRADESH EMPLOYEES SELECTIN
                                 BOARD CHAYAN BHAWAN, MAIN ROAD NO. 1
                                 CHINAR PARK, BHOPAL (MADHYA PRADESH)

                           5.    M.P. ONLINE LTD. THROUGH ITS DIRECTOR 4TH
                                 FLOR DB CITY CORPORATE BLOCK, DB MALL,
                                 ARERA HILLS, BHOPAL (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (SHRI KOUSTUBH PATHAK, G.A. FOR THE RESPONDENTS).



                                 This petition coming on for admission this day, the court passed the
Signature Not Verified
Signed by: MUKTA
CHANDRASHEKHAR KOUSHAL
Signing time: 11-08-2023
18:41:41
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                           following:
                                                                 ORDER

Counsel for the respondents submits that identical petition i.e. W.P.No.18268/2023 (Seema Sharma Vs. State of M.P. and others) has been decided by order dated 1.08.2023.

2. The petitioner has prayed for the following reliefs in the petition

1) To issue a writ in the nature of mandamus quashing the condition No. 6.2(4) of Chapter-1 of the Rule book for conducting 'Selection Test- 2023' to the extent it confines the upper age limit for female (UR/H(LD)) category to be 45 years and further hold that the upper age limit for female (UR/H(LD) category shall be 48 years applying the relation prescribed by the GAD circular dated 18.09.2022.

2) Respondents be directed to allow the petitioner to upload his application for appearing in the selection test-2023 commencing on 2.08.2023, treating her to be eligible candidate for the post petitioner had applied for.

3) A writ be issued to make necessary changes in their official online portal conducting the process of selection in question, changing the upper age limit of female (UR/H(LD) candidates to be 48 years.

3. Counsel for the petitioner though submitted that certain contentions are not considered in the said order but it is not in dispute that petitioner is also claiming age relaxation in view of the circular dated 18.09.2022 for Selection Test 2023.

4. After hearing learned counsel for the parties and on perusal of the order passed in the case of Seema Sharma(supra), this Court is of the view that issue raised in the present petition claiming age relaxation as per circular dated 18.09.2022 for selection test, 2023 has been considered by the co-ordinate bench. The relevant part of the said judgment is reproduced below:-

"10. Notesheet appended with the application vide Annexure P/5 clarified the position that School Education Department in pursuance Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-08-2023 18:41:41

to the circular dated 18.09.2022 isued First Advertisement on 29.09.2022 for filling up the posts of UDT and therefore, for this First Advertisement age relaxation was given. In the said notesheet it has been specifically mentioned that for selection examination of UDT as per notification dated 29.04.2023, age relaxation is not given.

11. Gazette notification dated 1.12.2022 also incorporates the amendment in Rule 8 of the Rules, 2018 in which two phased examination has been conceptualised wherein one is Eligibility Test and another is Selection Test, therefore, pattern of Examination has changed subsequent to the circular dated 18.09.2022 because notification is dated 1.12.2022. Even otherwise, it is confined to First Advertisement and not beyond that.

12. Therefore, looking to the clarificatory notesheet attached with the petition as Annexure A/5, it appears that no other conclusion can be drawn for giving equitable relief to the petitioner except to confine the benefit to the candidates who were aspirants in that examination which is being held by way of First Advertisement after passing of circular dated 18.09.2022 and not for any subsequent examination.

13. In the considered opinion of this Court that the petitioner is not entitled for final relief then she cannot be permitted to appear in the said examination on the strength of age relaxation as per circular dated 18.09.2022."

In view of aforesaid, since the issue raised in the petition is squarely covered by the order passed by the co-ordinate Bench in the case of Seema Sharma (supra), the present petition is also dismissed.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11-08-2023 18:41:41