Manoj Kumar Sahu vs High Court Of Madhya Pradesh
2023 Latest Caselaw 746 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                   CHIEF JUSTICE
                                                         &
                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                               ON THE 12 th OF JANUARY, 2023
                                               WRIT PETITION No. 830 of 2023

                          BETWEEN:-
                          MANOJ KUMAR SAHU S/O SHRI RAMNIVAS SAHU,
                          AGED ABOUT 35 YEARS, OCCUPATION: ADVOCATE R/O
                          134-D, POCKET F, MAYUR VIHAR PHASE 2, NEW DELHI

                                                                                           .....PETITIONER
                          (BY SHRI DILEEP TIWARI - ADVOCATE)

                          AND
                          HIGH COURT OF MADHYA PRADESH THROUGH
                          REGISTRAR GENERAL PRINCIPAL SEAT AT JABALPUR
                          (MADHYA PRADESH)

                                                                                          .....RESPONDENT


                                This petition coming on for admission this day, Hon'ble Shri Justice

                          Vishal Mishra, passed the following:
                                                                  ORDER

In the present petition challenge is being made to an advertisement dated 15.12.2022 issued by the respondent alleging it to be in violation of the fundamental rights of the petitioner.

2. It is the case of the petitioner that he is a Practicing Advocate and enrolled with the Madhya Pradesh State Bar Council on 16.05.2010. Later on he got his registration transferred to the Bar Council of Delhi in the year 2016. He has

Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 1/19/2023 3:58:14 PM

recently completed 35 years of age on 8th July, 2022. He is appearing in the Higher Judicial Services, Direct Recruitment From Bar in pursuance to the advertisement dated 15.12.2022 issued for Madhya Pradesh Judicial Service (District Judge - Entry Level) Direct Recruitment From Bar, Exam - 2022. The criteria which has been laid down for calculating 35 years of cut off age has been fixed as 01.01.2022, which excludes the petitioner from appearing in the examination. He has already completed 35 years of age on the date of issuance of the advertisement, therefore, virtually he was debarred from participating in the examination. It is his contention that such a condition fixing a cut off age of eligibility from a back date is per se illegal and is in violation of the rights of

certain candidates who have attained the cut off date after 01.01.2022. Therefore, the present petition is filed. In support of his contentions, he has placed reliance upon a judgment passed by the Hon'ble Supreme Court in the case of Dheeraj Mor vs. High Court of Delhi reported in (2020) 7 SCC 401

3. Heard learned counsel for the petitioner and perused the record.

4. The advertisement, which has been issued for recruitment to the post of District Judge - Entry Level has laid down a criteria for calculation of age to be 35 years from 01.01.2022. It is the domain of the employer to fix a cut off date. It cannot be said that the condition is violative or contrary to any provision. Rather looking to the vacancies which are available and in view of the decision taken by the committee itself, the cut off date is fixed. All the eligible candidates falling within the cut off date are entitled to participate in the examination. The condition incorporated is not violative of the judgment passed by the Hon'ble Supreme Court in the case of Dheeraj Mor(supra). The judgment in particular is not applicable to the present facts and circumstances of the case. The petitioner is always eligible to appear in a subsequent examination as per his Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 1/19/2023 3:58:14 PM

entitlement. Lot of candidates must have touched the age of 35 years i.e. cut off date after 01.01.2022, but that does not entitle them to ask for change in the cut off date. No rule, regulation or any case law is brought to the notice of this Court, which warrants interference in the present facts and circumstances of the case. Fixing of a cut off date is well within the domain of an employer. Under these circumstances, no relief can be extended to the petitioner.

5. The petition sans merit and is accordingly dismissed. No order as to costs.

                               (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                 CHIEF JUSTICE                                             JUDGE
                          sj




Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 1/19/2023
3:58:14 PM