1 wp7254.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7254 OF 2009 Nadeem Akthakr Mahmood Ali Petitioner versus The Municipal Corporation of Jalgaon & ors. Respondents ----------- Ms. Quazi Sadaf Sultana, Advocate for the petitioner. Shri P. R. Patil, Advocate for Respondent No.1. Shri S. K. Kadam, A. G. P. for Respondent No. 2. Smt. A.N. Ansari, Advocate for Respondent No.3. ------- Corum: Smt. Nishita Mhatre and M.T. Joshi, JJ. Date : 20th July, 2011. P. C. 1. The petitioner has challenged the appointment of Respondent No.3 to the post of Shikshan Sevak, on the ground that she had crossed the upper age limit for being appointed to that post. The petitioner contended that she was not selected only because of the selection of Respondent No.3 which is based on an illegal criterion. 2. The submission of the learned Advocate appearing for the petitioner is that since the Shikshan Sevaks who are employed in the secondary section, on completion of their term of three years, are deemed to be the Assistant Teachers in the secondary section, they 2 wp7254.09 must comply with the age requirement stipulated in the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act (for short, "MEPS Act") and Rules framed thereunder. It is submitted that the upper age limit of 33 years has been specified and, therefore, the appointment of Respondent No.3 , who had crossed this age limit, was illegal and barred. 3. We have considered the provisions of the rules for appointment of Shikshan Sevaks to the secondary section, which are stipulated in the Govt. Resolution dated 13.10.2000. It is prescribed that their appointments shall be made in consonance with the MEPS Act and Rules framed thereunder. Under Rule 9(4) of the MEPS Rules, 1981, an appointment to a post in a primary section can be made of a candidate who is not less than 18 years of age and not more than 28 years. This upper age limit can be relaxed in cases of backward classes to 33 years. Further, the upper age limit can be relaxed in cases of women, ex-serviceman and persons having previous experience, with the prior permission of the Deputy Director. The appointments made to any posts other than in primary schools must be of the candidates who are not below the age of 18. Thus, although the minimum age limit for appointments to be made to the secondary school is mentioned, there is no upper age limit prescribed in the rules. 4. In our opinion, therefore, the submission of the learned Counsel for the petitioner that the upper age limit prescribed under the M.E.P.S. 3 wp7254.09 Act is 33 years, cannot be accepted. The learned Counsel for the petitioner also relied on the Govt. Resolution dated 7.7.1995, to indicate that all advertisements should mention the age limit when the vacancies for the posts of teaching and non teaching staff are published. The advertisement, pursuant to which Respondent No. 3 applied for the post, mentions the lower age limit, it does not mention the upper age limit, according to the learned Counsel. 6. Only the lower age and not the upper age limit for recruitment in the secondary schools has been stipulated in the Rules.. Therefore, in our opinion, when the rules do not prescribe the upper age limit for appointments to be made in the secondary section, there is no question of upper age limit being mentioned in an advertisement for vacancies in the secondary section. 7. The petition is, therefore, rejected. (M.T. JOSHI) (SMT. NISHITA MHATRE, J.) pnd/wp7254.09