NDLI: Richa Mishra Vs. State of Chhattisgarh and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	State Services Examination Rules. 2003 1997 2000 Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules Madhya Pradesh Civil Services (Special Provision for Appointment of Women) Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hindu Marriage Act, 1955 (25 of 1955)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service law: Madhya Pradesh Civil Services (Special Provision for Appointment of Women) Rules, 1997 - r. 4 — Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules, 2000 —r. 8- Conditions of eligibility for direct recruitment — Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules, 2005- State Services Examination Rules, 2003 — r. 5 - Appointment — Post of Deputy Superintendent of Police (Dy.S.P) — Appellant-Excise Sub Inspector participated in the selection process and qualified at each stage of the examination process - However, name not included in the list of successful candidates as she had already crossed the age limit of 25 years — Writ petition by the appellant on the ground that she was entitled to the benefit of age relaxation as per r. 8 of the 2000 Rules, on account of being Government Servant — Dismissal of writ petition holding that she entered the Government job after the cut-off date and as such was not a government employee on the relevant date — Thereafter, writ appeal claiming benefit of age relaxation u/r. 4 of the 1997 Rules wherein relaxation of ten years is available to women candidates in addition to other relaxation in age — Writ appeal also dismissed holding that r. 8 of 2000 Rules would prevail upon 1997 Rules — On appeal, held: Recruitment was rightly undertaken under Rules, 2000-Appellant entitled to age relaxation in upper age limit by 10 years as provided to women candidates in r. 4 of 1997 Rules read with Examination Rules, 2003, notwithstanding the fact that Rules, 2000 do not contain any provision for relaxation qua women candidates — Rules 1997 are specific Rules, and r. 4 are specially meant to give benefit of age relaxation to women in public service and post in connection with the affairs of the State —- Examination Rules, 2003 which specifically contain a provision for applicability of Rules,1997 would be applicable for the examination - Thus, appellant eligible to be considered for the post of Dy.S.P -issuance of direction to respondents to appoint appellant as Dy.S.P w.e.f the date her juniors in the merit list were appointed.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2016 INSC 147
Petitioner	Richa Mishra
Respondent	State Of Chhattisgarh And Ors.
SCR	[2016] 1 S.C.R. 316
Judgement Date	2016-02-08
Case Number	274

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Richa Mishra Vs. State of Chhattisgarh and Ors.

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Richa Mishra Vs. State of Chhattisgarh and Ors.

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