PREM RATAN MODI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this intra-court appeal, the petitioner-appellant seeks to question the order dated 01.03.2012 passed in CWP No. 1494/2012 whereby the learned Single Judge of this Court declined his prayer for relaxation of age in the recruitment in question and dismissed the writ petition.

(2.) The petitioner-appellant filed the writ petition aforesaid with reference to an advertisement dated 17.05.2011 as issued by the respondent Rajasthan Public Service Commission, Ajmer ('the RPSC') for holding combined competitive examination for recruitment to the post of Lower Division Clerk ('LDC') under the Rajasthan Secretariat Ministerial Service Rules, 1970 ('the Rules of 1970') and the Rajasthan Public Service Commission (Ministerial and Subordinate Services) Rules and Regulations, 1999 ('the Rules of 1999'). The petitioner-appellant referred to the fact that the maximum age for competing in the examination aforesaid was stated in the manner that a candidate should not be more than 35 years of age as on 01.01.2012 for the services under the RPSC and not more than 35 years of age as on 01.04.2012 under the Secretariat but, an age relaxation of maximum 3 years was provided in terms of the notification issued by the Government on 23.09.2008. The petitionerappellant, with his date of birth as 07.06.1973, having completed 35 years of age on 07.06.2008, and not getting the benefit even under the aforesaid relaxation of 3 years for having completed the age of 38 years as on 07.06.2011, stated the grievance against the limited age relaxation allowed in the recruitment in question; and prayed for the following relief:-

(3.) The appellant contended in the writ petition that since after the year 1999, no vacancies were notified by the respondents for the aforesaid post of LDC under the Rules of 1970 and the Rules of 1999 and, in this period, a large number of candidates became overaged for none of their fault; and that appropriate age relaxation ought to be granted for the period elapsed when the respondents failed to carry out the requirements of the said Rules of 1970 and 1999 of yearly determination of vacancies and holding recruitments.