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Judgment
Sujoy Paul, Judge
Since common questions of facts and law are involved in these matters, with the consent of parties, these matters are analogously heard and decided by this common order. The singular question to be decided in these matters is that whether minimum age for the post of Constable is 18 years or 21 years
The common ground in these petitions is that as per earlier advertisement the minimum age for submission of candidature was 18 years. The respondents have filed their return in Writ Petition No.4076/2012 and by placing reliance on the statutory Recruitment Rules made under proviso to Article 309 of the Constitution of India, namely M.P. Transport Department Subordinate (Class-III Executive) Service Recruitment Rules 2011 submitted that the minimum age for the aforesaid post is 21 years. The aforesaid rule position demonstrated by the Government Advocate is not disputed by the learned counsel appearing for the petitioners.
In this view of the matter, once it is clear as per the statutory Recruitment Rules that minimum age of the candidate is 21 years, no advertisement or executive instruction can prescribe any age contrary to it. In the event there is any dispute or anomaly, it will be the rule which prevails. The respondents have rectified their mistake and prescribed minimum age as 21 years, which is in consonance with the aforesaid statutory provision.
I find no flaw in the action of the respondents in prescribing 21 years as minimum age for the post of Constable It in accordance with law. Consequently, petitions being berefit of merits and substance are hereby dismissed.