(1) JUD-WP-3059.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3059 OF 2011 Smt. Rahibai Namdeo Dudhbhate, Age : 37 years, Occu.: Nil, R/o : Chincholi (Jahangir), Taluka Omerga, Dist. Osmanabad PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of Women and Child Development, Mantralaya, Mumbai-32 (Copy to be served on Govt. Pleader, High Court of Bombay Bench at Aurangabad) 2. The Chief Executive Officer, Zilla Parishad, Osmanabad 3. The Child Development Project Officer, Integrated Child Development Service Scheme, Omerga, Taluka Omerga, Dist. Osmanabad RESPONDENTS ..... Mr. S.S. Jadhavar, Advocate for the Petitioner. Mr. V.H. Dighe, A.G.P. for the Respondent-State. Mr. K.J. Ghute Patil, Advocate for the respondent no.2 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 16TH SEPTEMBER, 2011 JUDGMENT (PER - M. T. JOSHI, J.): 1. Rule. Rule made returnable forthwith. Heard finally, by consent of the parties. (2) JUD-WP-3059.11 2. The petitioner is seeking direction to the respondent no.3 for processing her application for the post of Anganwadi Madatnis of village Chincholi (Jahangir), Taluka Omerga, District Osmanabad. 3. In response to the notification issued for the post, the petitioner has applied for the same. Her application was however rejected on the ground that she had crossed the upper age limit of 35 years. She claims that the Government resolution providing for the upper age limit as 35 years dated 5.8.2010 is not applicable to her since she is a physically handicapped i.e. 100% blind by left eye, therefore in her case the circular dated 10.5.2002 would be applicable. The perusal of the Government resolution dated 10.5.2002 at Exhibit "B" shows that the upper age limit in case of physically handicapped person in view of the provisions of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is 45 years. 4. In view of the above circumstances, the Writ Petition is allowed. Respondent nos. 2 and 3 are (3) JUD-WP-3059.11 directed to accept and process the application of the petitioner for the post of Anganwadi Madatnis of village Chincholi (Jahangir), Taluka Omerga, District Osmanabad. 5. Rule is made absolute accordingly. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/