RICHA MISHRA versus STATE OF CHHATTISGARH AND ORS.

Citation: [2016] 1 S.C.R. 316 · Decided: 08-02-2016 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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B 
c 
(2016J 1S.C.R.316 
RICHA MISHRA 
v. 
STATE OF CHHATTISGARH AND ORS. 
(Civil Appeal No. 274 of2016) 
FEBRUARY 08, 2016 
[A.K. SIKRI AND ABHAY MANOHAR SAPRE, JJ.) 
.._')ervice latt•: 
Madhya Pradesh Civil Services (Special Provision for 
Appointment of Women) Rules, 1997 - r. 4 - Chhallisgarh Police 
Executive (Gazetted) Service Recruitment and Promotion Rules, 2000 
-
1: 8 - Conditions of eligibility for direct recruitme/1f - Chhattisgarh 
Police Executive (Gaze/led) Service Recruitment and Promotion 
Rules, 2005 - State Services Examination Rules. 2003 - r. 5 -
D Appointment - Post of Deputy Superintendent of Police (Dy.S.P.J -
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 successjiil .candidates as she had 
already crossed the age limit of 25 years - Writ petition by the 
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appellant on the ground that she was entitled to the benefit of age 
relaxdtion 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 ulr. 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 JO years 
as provided to women candidates in r. 4 of 1997 Rules read with 
G 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 
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which specifically contain a provision for applicability of Rules, 
316 
RICHA MISHRA v. STATE OF CHHATTISGARH AND ORS. 
317 
1997 would be applicable for the examination - Thus, appellant 
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eligible to be considered for the post of Dy.S.P -Jssuonce of direction 
to respondents to appoint appellant as Dy.S.P w.e.f the date her 
iuniors in the merit lis_t were appointed. 
Allowing the appeal, the Court. 
HELD: 1.1 The process of selection started before 
Chhattisgarh Police Executive (Gazetted) Service Recruitment 
and Promotion Rules, 2005 were promulgated with the 
requisitions dated September 27, 2004 and March 26, 2005 sent 
by the State Government to the CPSE. At that time, Rules, 2000 
were in vogue. For this reason, even in the requisition it was 
mentioned that appointments are to be made under Chhattisgarh 
Police Executive (Gazetted) Service Recruitment and Promotion 
Rules, 2000. Further, it is also an admitted fact that the vacancies 
in-question which were to be .filled were for the period prior to 
2005. Such vacancies needed to be filled in as per those Rules, 
i.e. Rules, 2000. [Para 19][331-C-E] 
1.2 The State sent the requisition specifically mentioning 
that the recruitment has to be under Rules, 2000. This was so 
provided even in the advertisement. The appellant never 
challenged the advertisement and contended that after the 
promulgation of Rules, 2005 the recruitment should have been 
under Rules, 2005 and not Rules, 2000. Therefore, the appellant 
is even precluded from arguing that recruitment should have 
been made under Rules, 2005. Thus, the recruitment was rightly 
made as per Rules, 2002. [Paras 22, 23] [332-G; 333-A-B] 
1.3 Rule 8 of Rules, 2000, which, inter alia, lays down the 
provision pertaining to upper and lower age of the candidates, 
does not make any specific provision for relaxation of age in 
respect of women candidates. Note (2) appended to Rule 8 
provides that in no other case, age limit will be relaxed. Madhya 
Pradesh Civil Services (Special Provision for Appointment of 
Women) Rules, 1997 read with State Services Examination Rules, 
2003 would get attracted and as these Rules make a specific 
provision for providing of age relaxation upto ten years that is to 
be given to women candidates. Rules, 1997 are specific Rules, 
specially meant to give benefit of age relaxation to women in 
public service and post in connection with the af

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