NIRMAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by way of this writ petition challenged the order dated 7. 5. 1991 and the amendment in Rule 10 of the Rajasthan Educational Subordinate Service Rule 1971 (hereinafter to be referred as the Service Rules 1971 ).

(2.) THE petitioner initially joined the Kala Mandir, Girls Middle School, Bharatpur on 1. 7. 1983 on the post of Teacher. At the relevant time the school was recognized and aided by the Government of Rajasthan. THE petitioner's appointment was also apprised by Senior Dy. Education Officer (Girls) Bharatpur vide his order dated 27. 10. 1983. THE petitioner continued to work in the Kala Mandir, Bharatpur unto 19. 12. 1987. In response to the advertisement issued by the Navodaya Vidyalaya Samiti, New Delhi for appointment on the post of Teacher Grade III petitioner also applied for Teacher Grade III (Hindi ). THE petitioner was selected through proper channel and since the line of the petitioner on the post of teacher remained with the Kala Mandir, Bharatpur and after selection on the post of Teacher Grade III petitioner was permitted to proceed on deputation by the management of Kala Mandir, Bharatpur with the approval of the Inspector of Girls Schools, Bharatpur and petitioner joined his service on 22. 12. 1987 at Jawahar Navodaya Vidyalaya Patan, District Sikar on the post of Teacher Grade III (Hindi ). Initially the period of deputation was fixed for 2 years and thereafter, period of deputation was extended by another year. THE petitioner has been absorbed on the post of Teacher Grade III (Hindi) under Navodaya Vidyalaya Samiti, District Sikar with the approval of Dy. Director, Navodaya Vidyalaya Samiti (Regional Office) Jaipur.

(3.) IN reply to the argument advanced by the learned counsel for the petitioner Mr. S. N. Kumawat appearing on behalf of the RPSC submits that in the advertisement issued by the RPSC it was clearly mentioned that a candidate has to be within the age limit of 18-31 years as on 1. 1. 1990. The various age relaxation were also mentioned in the Suchna Patrika. Since the advertisement was issued on 23. 8. 1989 and the last date of receipt of application was 20. 10. 1989 for 334 posts of Senior Teacher in Hindi out of which 284 for male candidate and 50 for female candidates. The petitioner was allowed to appear in the screening test and it is also undisputed that her name find place in select list. After screening of the application form of the petitioner it was found that the petitioner's date of birth being 18. 11. 1952 she was 37 years 1 month and 14 days on 1. 1. 1990 under the rules as they existed at the time the petitioner could have been given age relaxation of 5 years as being female candidate. The petitioner has crossed the age of 36 years as on 1. 1. 1990. The only relaxation which remains as being a government servant the petitioner could have been given age relaxation up to the 40 years. The petitioner vide letter dated 20. 3. 1991 was asked for furnishing certificate being a government servant but she was unable to furnish such certificate and only submits a certificate issued by the Kala Mandir, Bharatpur. Since the petitioner did not submit any certificate to show that she is being a permanent government employee is entitled for the further age relaxation the commission vide letter dated 7. 5. 1991 informed the petitioner that she may not be given age relaxation as provided for the government employees.