PRIAMVADA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prayer in the writ petition reads thus:- i) the respondent be directed to accept the application form of the petitioner for recruitment to Rajasthan Judicial Services and to allow her to appear in the Rajasthan Judicial Service Competetive Examination-2001 being conducted by Rajasthan Public Service Commission, Ajmer irrespective of the fact that petitioner will cross the age of 35 years on 1. 1. 2002; ii) the respondent be directed to suitably amend the Rajasthan Judicial Service Rules, 1955 so as to make the Notification No. F. 7 (2) DOP/a-II/84 G. S. R. 40 dated 18. 12. 87 issued by the Governor of Rajasthan in exercise of its powers under Article 309 providing for age relaxation of widow and divorced women; iii) the respondent be directed to amend the Rajasthan Judicial Service Rules, 1955 so as to provide age relaxation of 5 years in case of women candidates; iv) such other order as your lordship deem proper may also be passed in favour of the petitioner.

(2.) THE petitioner is a divorcee whose marriage was dissolved under Sec. 13 of the Hindu Marriage Act by the Judge, Family Court, Jaipur on 14. 7. 97. THE petitioner was born on 12. 5. 1964, in proof of it, the petitioner has filed the marks sheet of Secondary School Examination as Annexure-1. THE petitioner was enrolled as an advocate on 26. 2. 95 on the Rolls of the Bar Council of Rajasthan. Her enrolment number as an Advocate is 18312/95 on the rolls of the Bar Council of Rajasthan.

(3.) WE have heard, Shri A. K. Bhandari, Sr. Advocate and ably assisted by Shri M. M. Ranjan, Advocate. Our attention was drawn to Rule 10 (Age) and Rule 29 (Leave, Allowances and Pension etc. ). Our attention was also invited to Rule 8 of the Rajasthan Service Rules, which runs as under:- "8. Age on first appointment:- (1) Unless otherwise provided in the rules or the orders of the Government governing recruitment to any post or class of posts the minimum and the maximum age for entry into Government service shall be 16 (+33 years) respectively. Exceptions 1: Minors or persons who have not attained the age of 18 years should not be appointed to posts for which security is required; 2.Unless otherwise provided in the rules governing recruitment to particular post/service, the upper age limit in case of women candidates for entry into Government service shall be+40 years.