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Madhya Pradesh High Court

Harshna Pagar vs The State Of Madhya Pradesh School ... on 10 July, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       WP No. 15187 of 2023
                             (HARSHNA PAGAR Vs THE STATE OF MADHYA PRADESH SCHOOL EDUCATION DEPARTMENT AND
                                                                 OTHERS)

                           Dated : 10-07-2023
                                 Shri Amit Raj, learned counsel for the petitioner.

                                 Ms. Pranjali Yajurvedi, learned Panel Lawyer for respondent/State.

The petitioner is seeking age relaxation in terms of the order dated 18.09.2022 to appear in the Main Examination for the post of Teacher.

It is submitted that the petitioner has already cleared the Part-I examination of Teacher Eligibility Test and he is not being permitted to appear in the main examination because of the over age. It is submitted that the Division Bench at Jabalpur in the case of Mukesh Kumar Garg vs. State of M.P. (WP No. 14471/2023) by order dated 06.07.2023 has issued notices to the respondents and has also passed interim order. The issue relating to age relaxation is same and, therefore, prays for interim order.

Counsel for the State submits that the issue involved in the present case has already been decided by Coordinate Bench at Main Seat, Jabalpur in W.P. No. 13393/2023 (Ishwar Deen Prajapati & Ors. vs. State of MP & Ors.) and a Coordinate Bench at Gwalior in W.P. No. 27271/2022 (Ramkumar Dangi vs. State of MP & Ors.).

Considering the order passed by the Division Bench at Jabalpur dated 06.07.2023 in W.P. No. 14471/2023, issue notice to the respondents on payment of PF within one week by registered mode with due acknowledgement, returnable within four weeks.

As an interim measure, passed by the Division Bench, the following interim order is passed:-

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 11-07-2023 10:31:48 2
It is hereby directed by way of interim relief that candidature of the petitioner for appointment to the post in question shall be considered ignoring the bar of maximum age, provided that petitioner is otherwise eligible to be considered as per recruitment rules.
The petitioner shall not claim any equity from this order and respondents shall not declare the result without the leave of this Court.
This interim order passed today shall remain subject to State arguing on the question of vacating stay.
CC as per rules.
(VIJAY KUMAR SHUKLA) JUDGE soumya Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 11-07-2023 10:31:48