ANIL KUMAR SHARMA Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, an aspirant for appearing in the competitive examination for Direct Recruitment to the cadre of District Judge against the vacancies belonging to Economically Weaker Section (EWS) category, notified by the respondent-Rajasthan High Court vide notification dated 05.01.2021 issued under the Rajasthan Judicial Service Rules, 2010 ('Rules of 2010'), claiming relief in the following terms:

(2.) The facts relevant are that the direct recruitment to the District Judge Cadre in the State of Rajasthan is governed by Rules of 2010. Eligibility for direct recruitment to the posts of District Judge Cadre from amongst the advocates is provided under Rule 33 of the Rules of 2010. The High Court under the Rules of 2010 issued an advertisement dated 05.01.2021 inviting applications from the eligible candidates in the prescribed online format for direct recruitment to 60 vacant posts in the cadre of District Judge in accordance with the Rules of 2010. The particulars of the total vacancies and the vacancies reserved for various categories including the category of EWS were duly notified. As per the notification issued, 6 posts are reserved for EWS category, which include 1 post for women.

(3.) As per clause (i) of Rule 33, the candidate applying for recruitment to the post must have attained age of 35 years and must not have attained the age of 45 years on the first day of January following the last date fixed for receipt of applications. Proviso (a) to clause (i) of Rule 33 provides relaxation of five years in upper age limit to the candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes, More Backward Classes and Women Candidates. The relevant part of Rule 33 of the Rules of 2010 in force at the time of issuance of the notification for recruitment, may be beneficially quoted: