SHIV LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has prayed in this petition to quash the condition of relaxation of age given in advertisement Ex.-1 and declare the proviso to Rule 10 (vii) of the Rajasthan Panchyat Samiti & Zila Parishad Rules, 1959. It is also prayed that the respondents be directed to consider the case of the petitioner for appointment as Teacher Gr.-III.

(2.) RESPONDENT No. 2 Zila Parishad Chittorgarh issued advertisement Ex.-1 for Teachers (Gr.-III ). The general vacancies excluding the reservation were kept at 50. 83 per cent out of 425 posts. The age relaxation was given to those employees who were working in the Panchayat Samiti and Zila Parishad. The petitioner also applied for the post of Teacher (Gr.-III) in pursuance of the aforesaid advertisement. A merit-list was prepared and in the merit-list persons securing 74 per cent marks were shown as selected but the petitioner was not though, according to him, he secured 82 per cent marks after adding the marks for residence in rural area, studying in rural area, etc.

(3.) ON merits, the case of the petitioner is that the age relaxation has been given to the employees working in the Panchayat Samiti/zila Parishad and the same benefit is not extended to the persons like the petitioner who are working in the government-aided schools, therefore, the same is in violation of Articles 14 and 16 of the Constitution. Learned counsel for the petitioner was unable to point out that how this differentiation is arbitrary. If there is a reasonable differentiation then certainly this Court would not interfere in its powers under Article 226 of the Constitution.