ORDER 1. Heard on admission. 2. Petitioner calls in question the upper age limit prescribed for appointment to the post of Assistant Professor in the Higher Education Department, Government of Madhya Pradesh. That, applications vide advertisement No.1/ijh{kk/2014/9.7.2014 have been invited by Madhya Pradesh Public Service Commission for appointment to the post of Assistant Professor in various disciplines under Higher Education Department. 4. Clauses (g) and (h) of the advertisement prescribes the minimum and maximum age as on 1.1.2015 being 21 years and 40 years respectively. Whereas, Appendix I prescribes relaxation in the age as under - ¼,d½ mPprj vk;q lhek esa oxZ fo’ks”k dks ns; NwVsa ¼1½ lkekU; iz’kklu foHkkx] e/;izns’k ‘kklu ds ifji= Øekad lh 3-11@12@1@3] fnukad 3-11-2012 ;Fkk la’kksf/kr ifji= Øekad lh 3-11@12@1@3@,d] fnukad 20-11-2012 }kjk jkT; ‘kklu dh lsokvksa esa lh/kh HkrhZ ls Hkjs tkus okys inksa ij fu;qfDr ds fy, vf/kdre vk;q lhek 40 o"kZ fu;r djrs gq;s fuEukuqlkj NwV dh x.kuk vf/klwfpr dh x;h gS %& &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& 1- iq#"k vkosnd ¼vukjf{kr oxZ½ 40 o"kZ 2- iq#"k vkosnd ¼’kkldh;@fuxe@eaMy@Lo'kklh laLFkk ds deZpkjh rFkk uxj lSfud½ 45 o"kZ 3- iq#"k vkonsd ¼vkjf{kr oxZ vuqlwfpr tkfr@ vuqlwfpr tutkfr@vU; fiNM+k oxZ½ 45 o"kZ 4- iq#"k vkosnd ¼vkjf{kr oxZ&’kkldh;@fuxe@ eaMy@Lo’kklh laLFkk ds deZpkjh rFkk uxj lSfud½ 45 o"kZ 5- efgyk vkosnd ¼vkujf{kr oxZ½ 45 o"kZ 6- efgyk vkosnd ¼’kkldh;@fuxe@eaMy@ Lo’kklh laLFkk ds deZpkjh rFkk uxj lSfud½ ¼fo/kok] ifjR;Drk] rykd’kqnk½ 45 o"kZ 7- efgyk vkosnd ¼vkjf{kr oxZ vuqlwfpr tkfr@ vuqlwfpr tutkfr@vU; fiNM+ oxZ½ 45 o"kZ 5. Thus, with all relaxations, the maximum age limit prescribed is 45 years. The petitioner having crossed 45 years and no circular having been commended at as would extend further relaxation in age, cannot be granted any relief. 6. It being trite as law that prescribing of age limit or extent of relaxation to be given for a particular post are essentially matters of Government policy. 7. In Union of India v. Shivbachan Rai (2001) 9 SCC 356 , it has been held - 6. ....... Prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given if an age limit is prescribed, are essentially matters of policy. It is, therefore, open to the Government while framing rules under the proviso to Article 309 of the Constitution to prescribe such age limits or to prescribe the extent to which any relaxation can be given.
It is, therefore, open to the Government while framing rules under the proviso to Article 309 of the Constitution to prescribe such age limits or to prescribe the extent to which any relaxation can be given. Prescription of such limit or the extent of relaxation to be given, cannot be termed as arbitrary or unreasonable. The only basis on which the respondent moved the Central Administrative Tribunal was the earlier Rules of 1976 under which, though an age limit was prescribed, a limit had not been placed on the extent of relaxation which could be granted. If at all any charge of arbitrariness can be levied in such cases, not prescribing any basis for granting relaxation when no limit is placed on the extent of relaxation, might lead to arbitrariness in the exercise of power of relaxation. 8. In Nair Service Society v. State of Kerala (2007) 4 SCC 1 , it has been held - “37. Categories I, II and III afore-mentioned are excluded on the basis of the status held by the persons concerned. Category IV is subject to the income limit specified in Category VI. We may, at this stage, however, state that we do not find any merit in the submission of Mr. Venugopal that bringing down the age limit from 40 to 35, vis-a-vis, the Office Memorandum issued by the Central Government fixing age limit as 40 is bad in law in view of the fact that age of superannuation of the employees in the State of Kerala is 55, as compared to the age of superannuation of the Central Government employee is 60.” 9. In view of the principles of law laid down vide these judgments, no case is made out for further relaxation beyond 45 years for female candidates to the post of Assistant Professor. 10. Consequently, petition fails and is dismissed. No costs.