RAM CHANDRA BHURIYAQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE intra-court appeals, arising out of the common order dated 09.05.2012 as passed by the learned Single Judge of this Court in the respective writ petitions, have been considered together; and are taken up for disposal by this common order. Briefly put, the relevant background aspects of the matter are as follows: The petitioners-appellants made the applications in response to the advertisement dated 13.02.2008 as issued by the respondent Ajmer Vidhyut Vitaran Nigam Limited (hereinafter referred to as 'the Corporation') for recruitment to the post of Technical Helper. However, the applications made by the appellants came to be rejected on the ground of they being over- aged for the purpose of the recruitment in question. The age-limit with admissible relaxation was stated in the advertisement in question in the following terms:- ...[vernaculam text ommited]...... The petitioners-appellants, being in the age group of 35-38 years and being admittedly over-aged in relation to the advertisement in question, submitted before the learned Single Judge in the writ petitions that other service rules carried the provisions for relaxation of age-limit and, thus, the respondents ought to have provided for such relaxation in relation to the persons like the petitioners, particularly when the vacancies on the post of Technical Helper had not been determined for several years. The respondents in their reply, while opposing the submissions made on behalf of the petitioners-appellants, inter alia, pointed out that the posts of Technical Helper were indeed advertised in the years 2006, 2007 and 2008 and, therefore, the contention was not correct that the vacancies had not been advertised year-wise.

(2.) THE learned Single Judge found no reason to grant the reliefs as prayed for in the writ petitions for there being no provision of relaxation of upper age-limit in the relevant rules/regulations of the respondent-Corporation. The learned Single Judge, inter alia, observed as under:-

(3.) IN the case of Prem Ratan Modi Vs. The State of Rajasthan & Ors.: SAW No.383/2012, decided on 17.08.2012, this Court took note of the law laid down by the Hon'ble Apex Court in the cases of Malik Mazhar Sultan & Anr. Vs. U.P.Public Service Commission & Ors.: (2006) 9 SCC 507; and Rajasthan Public Service Commission Vs. Smt.Anand Kanwar & Ors.: Civil Appeal No.52/1993, decided on 08.02.1995 as under:-