In a significant ruling on women’s rights in public employment, the High Court of Madhya Pradesh has held that a woman candidate who lawfully receives age relaxation cannot be denied selection in the open category merely because she crosses the general age limit. The court set aside the appointment of a lower-scoring candidate and directed reconsideration of the petitioner strictly on merit.
Background of the Case
The case arose from recruitment conducted under the Combined Examination Recruitment Test 2023 for the post of Netra Sahayak (Eye Assistant). Three posts were advertised-two unreserved and one reserved for the ST category.
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Smt. Pritam Kaur, the petitioner, applied under the unreserved category and appeared in the examination. When results were declared on 12 February 2024, she secured 65.97 marks, higher than 62.88 marks obtained by another candidate, who was later appointed.
However, despite scoring more, the petitioner was not granted a merit position. The authorities reasoned that she was above 40 years of age and therefore ineligible for the open unreserved post, even though the advertisement allowed women candidates age relaxation up to 45 years.
Aggrieved, the petitioner approached the High Court challenging the selection and the appointment order dated 15 February 2024.
Counsel for the petitioner argued that the recruitment rules clearly granted women candidates age relaxation up to 45 years. Once permitted to participate in the examination, a woman candidate could not be excluded from the open category if she scored higher than other candidates.
On the other hand, the State contended that since the unreserved post was marked as “open” and not specifically for women, the age limit of 18–40 years alone applied. According to the State, age relaxation for women could be used only if a women-specific vacancy existed.
Court’s Observation
After examining the advertisement and recruitment rules, the court rejected the State’s interpretation.
The bench observed that age relaxation is not a form of reservation but an enabling provision. “An open unreserved post is open to all candidates,” the court noted, adding that there was no rule stating that women who receive age relaxation are barred from competing in the open category.
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The judge emphasized that once a woman candidate is legally allowed to appear by virtue of age relaxation, she must be assessed on merit like any other candidate. Denying her selection despite higher marks would amount to discrimination.
Referring to the Supreme Court’s ruling in Richa Mishra v. State of Chhattisgarh, the court reiterated that policies granting age relaxation to women are meant to encourage participation and ensure equality, not to create artificial barriers.
Decision
Allowing the writ petition, the High Court quashed the appointment order dated 15 February 2024. The respondents were directed to reconsider the petitioner’s case for appointment strictly on the basis of her merit and marks, after extending the age relaxation applicable to women candidates.
With these directions, the petition was disposed of.
Case Title: Smt. Pritam Kaur v. State of Madhya Pradesh & Others
Case No.: Writ Petition No. 5390 of 2024
Case Type: Service Law – Recruitment Dispute
Decision Date: 4 December 2025
