JABALPUR, India, Sept. 24 -- Madhya Pradesh High Court issued the following judgment/order on Aug. 25:

1. Appellant impugns order dated 19.08.2025, whereby the writ petition filed by the appellant challenging the minimum age prescribed for participating in the selection process of Primary School Selection Examination, 2025 has been dismissed.

2. Learned counsel for the appellant submits that though the Advertisement prescribes a minimum age of 21 years, however the advertisement is contrary to Circular dated 04.07.2019 issued by the General Administration Department which fixes the minimum age at 18 years as such the advertisement is contrary to the Circular. He further submits that the Circular has been issued in terms of the Madhya Pradesh School Examination Service Condition and Recruitment Rules, 2018 which prescribes that the General Administration Department from time to time can issue circular with regard to the age which will be applicable for recruitment.

3. By the impugned order, the Writ Court has referred to Schedule - III which prescribes a minimum age of 21 and has held that executive instructions as contained in circular dated 04.07.2019 cannot override the statutory provision and as such the minimum age of 21 as prescribed by the Rules would apply and since the appellant does not meet the said qualification appellant was ineligible.

4. Learned counsel for the appellant submits that in terms of Clause H of Rule 8, the General Administration Department is having the power to issue circular from time to time and circular will override the provisions of the Schedule - III which prescribes minimum age of 21.

5. We are unable to accept the contention of the learned counsel for the appellant for the following reasons. Reference may be had to Rule 8 (1) of 2018 Rules which reads as under;

"8. Conditions of eligibility for direct recruitment.- In order to be eligible for participating in the Teacher Eligibility Examination, a candidate must fulfill the following conditions, namely :-

(1) Age - (a) The candidate must have attained the age as specified in column (3) of Schedule III, but must not have attained the age as specified in column (4) of the said Schedule, on the first day of January that comes after the date of commencement of the selection process.

(b) If the applicant is domicile of Madhya Pradesh and belongs to the category of Scheduled Castes, Scheduled Tribes, Other Backward Classes, Persons with disabilities and Women he shall be entitled for relaxation in upper age limit as per the prevailing provisions of the Government of Madhya Pradesh. (c) Those applicants who are or who have been employees of Madhya Pradesh Government, Corporation, Board shall be entitled for relaxation in upper age limit as per the prevailing provisions of the Government of Madhya Pradesh. (d) A candidate who is an ex-serviceman shall be allowed to deduct from his age the period of entire defense service previously rendered by him:

Provided that the resultant age does not exceed the upper age limit by more than five years.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/2474/WA_2474_2025_FinalOrder_25-08-2025_digi.pdf)

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