Madhya Pradesh High Court
Smt. Anjana Joshi vs The State Of Madhya Pradesh on 25 August, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 25 th OF AUGUST, 2025
WRIT PETITION No. 32727 of 2025
SMT. ANJANA JOSHI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jitendra Verma - Advocate for the petitioner.
Shri Sudarshan Joshi GA for State.
Shri Manu Maheshwari, counsel for the respondent No.4.
ORDER
In the instant petition filed under Article 226 of the Constitution of India the
petitioner is challenging clause 6.2 mentioned as Rule book so far as it prescribes
54 years as upper age limit for female unreserved category. Petitioner has further
sought a direction to the respondents to grant 3 years relaxation in the upper age
limit to the petitioner as per circular dated 18.9.2022 issued by the GAD.
Petitioner has further prayed for a direction to grant 5 years age relaxation in upper
age limit to the petitioner being EWS candidate.
Counsel for the respondent No.4 argued that petition is liable to be
dismissed in the light of the order passed by the Division Bench in the case of Dr.
Amol Soley and others Vs. State of M.P. (W.P.No. 12150/2023) and other
connected petitions decided on 15.10.2024. He argued that the petitioner had
appeared in the Teachers Eligibility Test 2024 and seeks age relaxation for the
selection test of 2025. Petitioner is not entitled for any relief in the light of the
order of the Division Bench. He referred paragraph Nos.23, 25 and 27. Both the
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parties vehementally argued with regard to interpreting the aforesaid paras of the
order of Division Bench.
In order to appreciate the aforesaid submission, it is apposite to refer
paragraph Nos.23, 25, 27 and 28 of the aforesaid order of the Division Bench :-
"23. In the present case, the circular dated 18.9.2022 is very clear in mentioning that the
recruitment tests have not been conducted during last 3 years due to Covid-19 pandemic and
therefore, the State has decided to grant a special relaxation of 3 years in maximum age limit for all
those vacancies that are being notified upto December 2023. The selection test for Uchch
Madhyamik Shikshak has been notified in May 2023 which is certainly after issuance of circular
dated 18.9.2022 and before December 2023. The selection test notified is for 8720 posts of Uchch
Madhyamik Shikshak taken together in School Education and Tribal Development Departments.
True it is that those who have qualified TET in 2018 or 2023 are permitted in this selection process,
but it is because now after 01.12.2022, TET is only an eligibility test and is not a selection test and
such candidates who qualified TET 2018 or 2023 will have to appear in selection test after
01.12.2022.
25. So far as reliance placed by the State on judgment of Single Bench in Seema Sharma (supra) is
concerned, in the aforesaid case, the Single Bench rightly observed that after 01.12.2022, the
selection process is two- phased process and TET and selection test are now disjointed. However,
the learned Single Judge did not have occasion to consider this fact that the selection test notified in
May 2023 is the first selection for new vacancies after Covid-19 pandemic, and that the repeated
processes that continued from 2019 till 2022 in pursuance to TET 2018 for Uchch Madhyamik
Shikshak were merely consequential counseling processes pursuant to the result of TET 2018 for
the vacancies already notified at the time of TET 2018 because at that time, TET was the qualifying
examination as well as selection test. It appears that this argument was not tendered before the
learned Single Judge.
27. Therefore, the impugned clause 6.2 of the Rule book so far as it denies the additional relaxation
of 3 years in maximum age limit on account of Covid-19 pandemic, is held illegal as it runs counter
to the policy circular dated 18.9.2022 issued by the State Government in exercise of its Executive
Power under Article 162 of the Constitution of India. It is held that the petitioners would be entitled
to the benefit of policy circular dated 18.9.2022 for the first advertisement issued for new vacancies
that were not notified and announced while conducting TET in 2018. The vacancies notified in
May, 2023 by issuing the Rule-book Annexure P-4 will the "first advertisement" for the post of
Uchch Madhyamik Shikshak.
28. Some of the petitioners are those who have not participated in the selection tests for teachers
notified in 2023 but were participants in various rounds of counselling pursuant to TET 2018 and
2020 and seek benefit of additional relaxation of 3 years in those successive rounds. These
petitioners would not be entitled to any relief."
It is also relevant to mention here that against the order passed by the
Division Bench, SLP(c) diary No. 14600/2025 has been filed by the State of M.P..
The Apex Court on 2.5.2025 has passed the interim order directing that all the
parties shall maintain status quo till disposal of SLP. It is not in dispute that the
matter is pending before the Apex Court. Considering paragraph nos.23, 25, 27
and 28, prima facie this Court is of the view that no direction can be issued to the
petitioner permitting her to fill up the form of selection test of 2025. Admittedly
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the petitioner has appeared in the Eligibility Test of 2024. State has decided to
grant 3 years relaxation in the maximum age limit due to Covid 2019 pandemic
for all those vacancies which are notified upto December 2023.
Since the order passed by the Division Bench has not been stayed by the
Apex court and the issue is pending before the Apex Court, therefore the petition is
disposed off with liberty to the petitioner to file a fresh petition for the same cause
of action after the decision of the Apex Court.
(VIJAY KUMAR SHUKLA)
JUDGE
MK
