COURT O.F CHHATTiSGARH: AF^ Petitioners 1. "3 4. s. 7. 8. 9. Kusum Sarai D/o. Aatmaram Saraf, about 50 years, r/o. Near Samteshwari Mandir, Raigarh, Tahsil & District Raigarh (CG). Sarlta Panaey, D/o. Late Shri K.L. Pandey, aged about 52' years, r/o, Pa!ace Road, Raigarh, Tahsli & District Raigarh (CG). Ku. Kadambari . Sadangi, D/o. Late Shri Chakradhar Sadangi, 46 years, r/o, Kostapara, Raigarh, Tahsll & Dlstrict Raigarh (CG). Ku. Premshiia Mishra, D/o. Late Shri Hareknshnan Mlshra, aged about 48 years, r/o. Kewata para, Raigarh, Tahsil & District Ralgarh (CG). Ku. Renuka Sadangi, D/o. Late S'nri Chakradhar Sadangi, about 48.y@ars, r/o. Nayaganj Kostapara, Raigarh, Tahsil & Dlstrlct Raigarh (CG). 10. 11. .Smt Nahima Dewangan, w/o. ,Har?lai Dewangan, about 49 years, r/o. Maii'djpa, Raigarh, Tahsil & District Raigarh (CG). Khatun, d/o. Late Shri Gafur Mohemmed, about 53 years, r/o. Ivladhuban para, Ralgarh, Tahsii &. Dlstrict Raigarh (CG). 'Yashomati Dewangan, D/o. Late Shri Laxman Dewangan, aged about 47 years, R/o. Chakradhar Nagar Para, Raigarh, Tahsll & District Ralgarh (CG). Ku. Padmini ^vrongly mentioned as Chandramanl Mishra in Annexure P/6), D/o. Shri Sunderla! Mlshra, 54 years, PJo. Nai Para, Raigarh, Tahsi! & District Raigarh (CG). Ku. Jaishree Naidu, D/o. Late Shri Narsingh Ram Naidu, about 52 ye.ars, r/o. Jagatpur, Raigarh, Tahsii & District Ralgarh (CG). Smt. Shakuntala Dewangan, w/o. ishwarchand Dewangan, 55 r/o. Paiace Road, Raigarh, Tahsii & Raigarh (CG). 1-1: 1<*"N» -2-- 12. .Ku, Sushlia Patwa, D/o. Late Khetramani Patwa, aged about 51 years, r/o. Sonarpara, Raigarh, Tahsii & District Raigarh (CG). 13. Ku. Apoiina Bada, D/o. Pitrus Bada, aged about 51 years, r/o. Nawapara, Gandhinagar, Raigarh, Tahsl! & District Raigarh (CG). 14. Smt. Harbhajan Kaur, W/o. Late Ranjeet Sjngh, about 57 years, r/o. Nayagadi, Raigarh, Tahsil & District Raigarh (CG). 15. iskripa Tlrkey, D/o. Emii Tirkey, about 53 years, R/o. Rambhatha, Ralgarh, Tahsii Sc DistrictRaigarh(CG). 16. Smt. Dropadl Sharma, VV/o. Umashankar Sharma, ab9out 49 years, r/o. Beladuia, Raigarh, Tahsil & District Raigarh (CG). 17. Rita Shrivastava, D/o. S.B. Singh, aged about 47 years, r/o. Kaser Para, Ralgarh, Tahsii & DistrictRal9aTh(CG). 18. Ku. Laiita Devi/angan, D/o. Late . Shri Chandrashekhar Dewangan, about SO 'years, r/o. Maildlpa, Raigarh, Tahsii & Dlstrict Raigarh (CG). 19. Ku. imran Begum, D/'o. Lats Shri Yaar Mohammed, about 54 years, r/o. Turkapara, Ralgarh, Tahsli & District Ralgarh (CG). 20. 21. Farjana Parveen, W7o< SM. Afzai, aged about 46 years, R/o. Modipara, Raigarh, Tahsii & District Raigarh (CG). Smt. Bernadet Tirkey, w/o. Kashmir Tirkey, aged about 48 years, r/o. Tamamunda, Tahsji Farsabahar, Dlstrict Jashpur (CG). 22. Smt. Mery Minz, w/o. Piyush Minz, aged about 54 years, viiiage Pamsaala, Tahsii Farsabahar, District Jashpur (CG). 23. Ku. Madnu Bhagat, D/o. Jhadiram, aged about 46 years, r/o. ViiJage Pandaripanl, Tahsli Farsabahar, Dlstrict Jashpur (CG). 24, Smt. Vinodlni Xaixo, w/o« Kripadan Xaixo, about 55 years, viilage - Tumla, Tahsil— Farsabahar, District Jashpur (CG). 25. Ku. Lallma yehar, D/o. Late Shri Ramakant Mehar, about 50 ysars, r/o. Chakradhar Nagar, Raigarn, Tahsll & District Raigarh (CG). M^ Respondents ^'3" 26. Jaimati Kari, D/o. Sagram Kari, aged about 51 years, r/o. Sahaspur, Tahsll - Farsabahar, DistrictJ'ashpur(CG). 27. Smt. Goretee Akka, w/o. Ruben Akka,. Aged about^? years, r/o. viilage - Jamuna Tahsil - Fai-saBahar, District Jashpur(CG). 28. Ku. Susanna Lakada, D/o. Rimis Lakada, aged about 46 years, R/o. HousJng Board Coiony, Raigarh, Tahsii & District Ralgarh 29. Anlta Rakhunde, D/'o. Late Nanji Rakhunde, aged about 46 years, R/o. Maildlpa, Boirdadar, Raigarh, Tahsli & District Raigarh (CG). 30. Smt. Gauri Dewangan, w/o. Lakhan Dewangan, aged about 46 years, r/o. Palace Road, Raigarh, Tahsil & District Raigarh (CG). Versys 1) State of Chhattisgarh through the Secrstary, Women & Chiid Weifare Department, D.K.S. Bhawan, Mantraiaya, Raipur (CG). 2) The Director, Women & Chiid Weifare DepartmentChhattisgarh, Ralpur (CG). 3) The Project Officer, Integrated Chiid Deveiopment Project, Ralgarh, Distrlct Ralgarh 4) The Chief Executive Officer, Ziia Panchayat, Raigarh, District Raigarh (CG). (Writ Petition under Article 226/227 of Constltutlon of India) SB: Hon'ble Mr. Satish K. Agnlhotri, J. ^.' Present: Mr. Gautam Bhaduri, Advocate forthe petitioners. Mr. Arun Sao, Gol*/t. Advocate for the State. (Passed on this 2nd day of March, By this petltion, the petltioners seek to quash the outer age Ilmit of 45 years in the advertisement for the petitioners Aanganbadi workers and further a direction to the respondents to permit tne petltioners for appearing in the .- u exanilnation to be held for appointment on'the post of Sur^eyor in Women & Chiid Welfare Department, pursuant to the advertisement 9-2-2009 (Annexure P/1). 2) The brief facts, in nutshel!, as projected by'the petitioners are that the petltioners are candldates worklng as Aanganbadi workers In dlfferent piaces In the State. The next promotionai post is Surv'eyor. The State Government published an for .appointment of Surveyors on the of ijmlted. recruitment from Aanganbadi workers. The age limit therein was 18 years as on 1-1-2010, and the maxlmum age iimlt 45 years^ In case of Scheduled Castes/Scheduied Tribe and OBC (except creaniy.iayer) tne age reiaxation was provlded in accordance with the rules. The ageswere more than 45 years, thus, they were not permitted to particlpate in the seiection process for promoting Aanganbadl workers to the of Surveyor on the of iimlted competitive examlnatlon for Aanganbadl v/orkers only. in the year 1996 by circuiar dated 14-10-1996, the age iimit prescribed for Aanganbadi workers for appointment on the post of Sun/eyor, the outer age limjtwas 50 years. Aanganbadi workers, who are junior to the petitioners, are to in the examlnation on the ground that their were within the outer age iimit. The petitioners have working for the iast than 20. and due to the age Jimit, they are deprived of opportunity to in tne competitive examination for promotlon to the post of Sun/eyor. 3) . IVIr. Gautam Bhaduri, learned counsei appearing for the petltloners would submit that in a welfare State, the employer is under an obiigatlon to promotlonal avenues to its empioyees, tnerefore, the age reiaxation may be to the petltloners, otherwise tnis wiii be. dlscrlminatory and vlolatlve of Artlcie 15 of the Constitutlon of India. Learned counsei wouid further submit /^ that under RuSe 4 of the CG Civil Ser^lces (Speciai Provlslon for Appointment ^ 5 of Women) Ruies, 1997 (for short, "the Ruies 1997?), relaxation of ten years is for women candidates In direct jecruitment In all in the services under the State. The may be excended to the petitloners aiso, 4) I have counsei for the petitioners, the pleadings and documents appended thereto. 5) Ruie 4 of the Ruies 1997 provides for age of ten years for women candidatss in case of direct recrultment. In norma! drcumstances, the prescribed age iimit is 20 -30 years. In case, reiaxatlon of 10 years Is provided. !n the present case, the provision of Ruie 4 of the 1997 Is not applicable as thls is firstly not direct recruitment and secondly outer age limlt has fixed as 45 years as aii the under thls category are women;. it appears that the State has aiready taken of reiaxatlon whiie flxing the outer age ilmit i.e., 45 years. This cannot be held as discriminatory as other candidates, who were younger in age wlthln 45 years, are bound to be consldered as per the poilcy and age Ilmit prescribed in tne advertisement. There is a reasonable nexus and as such there is no djscriminatjon or arbitrarlness. • it is not a that one or two women candidates the have the same. With to promotion, opportunity is avallable, but of the who are over age, are not promoted. Therefore, the contention of the counse! for the there may have promotlona! avenues, to be rejected as there is already promotionai avenue. 6) Looking fronn all angles, i am of the considered opinlon that there Is no discrimlnatlon, unreasonableness or Jn the advertisement This is without and is accordlngjy summarily, ConsequentlyJ.A.No.1 aiso stands dlsmlssed. r Sd/- 1 Satish K. Agnihotri Judge