ORDER 1. Petitioner is working as a Contract Medical Officer and is more than 40 years of age. He has filed this writ petition challenging the action of the respondents in rejecting his candidature for appearing in the M.P. Civil Services Examination. It is the case of the petitioner that in view of Clause-5 of the advertisement Annexure-P2, the petitioner is entitled to age-relaxation upto the age 45 years and as the same is not granted to the petitioner, he has filed this writ petition. 2. Learned counsel for the petitioner invites my attention to Clause-5 of the advertisement Annexure-P2 to contend that in the case of Work Charge and Contingency Paid Employees so also with regard to Contract Employees, the age relaxation upto the age of 45 is granted and as the said benefit is denied to the petitioner, this writ petition is filed. 3. Shri B.P. Tiwari and Shri K.S. Wadhwa, learned counsels for the respondents refute the aforesaid and submit that for the petitioner, the age relaxation is only upto the age of 40 years and the age relaxation granted upto 45 years is for Schedule Caste, Schedule Tribe and O.B.C. Candidates, the same is not applicable to the petitioner, accordingly, respondents resist the claim of the petitioner. 4. I have heard learned counsel for the parties and perused the record. The M.P. Public Service Commission is conducting the recruitment process for appointment to the post of Medical Officer. According to the terms and conditions and the minimum criteria laid down for appointment to the post in question is that the candidate should be 21 years of age and should not exceed 32 years of age, however, in Clause-5 of the Advertisement, certain age relaxation is also granted. 5.
According to the terms and conditions and the minimum criteria laid down for appointment to the post in question is that the candidate should be 21 years of age and should not exceed 32 years of age, however, in Clause-5 of the Advertisement, certain age relaxation is also granted. 5. Clause-5 of the Advertisement is reproduced herein below : ^^vk;q lax.kuk frfFk 01-01-2013 gksxhA vk;qlhek esa nh xbZ vU; NwVksa ds fy;s ifjf’k”V&1 ns[ksaA e/;izns’k ‘kklu ds LFkk;h@vLFkk;h rFkk jkT; ds fuxe] eaMy] ifj”kn uxj fuxe] uxj ikfydk vkfn Lo’kklh laLFkkvksa esa dk;Zjr leLr Js.kh ds deZpkjh rFkk uxj lSfudksa gsrq vf/kdre vk;q lhek 40 o”kZ jgsxhA vuqlfpr tkfr] vuqlwfpr tutkfr rFkk vU; fiNM+k oxZ ds mDr Js.kh ds deZpkfj;ksa gsrq vf/kdre vk;q lhek 45 o”kZ jgsxhA mijksDr fj;k;r dk;ZHkkfjr rFkk vkdfLedrk fuf/k ls oru ikus okys deZpkfj;ksa rFkk ifj;kstuk dk;kZUo;u lfefr;ksa esa fu;ksfgr deZpkfj;kSA ¼ftlesa vkj-lh-,p- ,oa ,u-vkj-,p-,e- esa dk;Zjr lafonk fpfdRld lfEefyr gSa½ dks Hkh ykxw gksxhA ,sls vkosndksa dks mDr NwV ds vfrfjDr foKkiu esa ifjf’k”V&1 ¼,d½ esa vafdr vU; fdlh NwV dk ykHk izkIr ugha gksxk fdarq ifjf’k”V&1 ¼nks½ esa mYysf[kr izksRlkgu Lo:i ns; NwVksa esa ls vf/kdre ykHk okys fdlh ,d NwV dk ykHk le{k vf/kdkjh }kjk tkjh rRlaca/kh izek.k&i= izLrqr djus ij ns; gksxkA** 6. If the aforesaid clause is taken note of, it would be seen that it consists of two parts. The first part grants age relaxation upto the age of 40 years for certain class/Categories of the employees, who are working in permanent or temporary basis in the establishment of State Government, or in any Corporation, Council or Board or any other establishment. Thereafter, for Schedule Caste, Schedule Tribe and O.B.C. Candidates, age relaxation is granted upto the age of 45 years. Reference made to the age relaxation and made applicable also to Work Charge and Contingency Paid Employees and Daily Wages Employees and Contract Employees refers to first part of the clause, where age relaxation is granted upto the age of 40 years and not to the second part, which is only applicable for Schedule Caste, Schedule Tribe and O.B.C. Candidates. 7.
7. The age relaxation granted as repoduced hereinabove has to be read in it’s totality and if contention of the petitioner is accepted, it would create an anomaly, i.e. for the employees working in the State Government, Boards, Councils and Corporations, the age relaxation is only upto the age of 40 years and for person like the petitioner, who are working as Contract employees, the age relaxation will be upto the age of 45 years. For a temporary Employee working in any department, age relaxation is upto the age of 40 years, the same will be applicable even to a Daily Wages Employee or a Contract Employee. The petitioner has misconstrued the age relaxation Clause, which is only applicable to the Schedule Caste, Schedule Tribe and O.B.C. Candidates. Petitioner is a contract employee and can only claim age relaxation upto the age of 40 years, as is applicable to the employees working in the State Government or any other organization of the State Government like Boards, Councils and Corporations. 8. Employees, who are already working in any establishment of the State Government or it’s subsidiaries may be in a Temporary, Permanent or Daily Wages or in a Work Charge Establishment, all constitue a common class and to that common class, certain age relaxation is made applicable upto the age of 40 years only. That being so, the interpretation of the petitioner cannot be accepted. 9. Accordingly, finding the contention of the petitioner to be wholly misconceived, I see no reason to interfere into the matter. 10. The petition is, therefore, dismissed.