BHEEM SINGH UDAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed aggrieved of the non selection of the petitioner on the post of Librarian Grade-III in pursuance to the advertisement dtd. 21/9/2016.

(2.) The case of the petitioner is that in terms of the advertisement, 12.5% reservation was provided to the ex-servicemen. In terms of the result and the cut off marks declared for the ex-servicemen, petitioner was the only person to be selected in the category. The cut off marks as declared for the category of ex-servicemen was 124.1072 and the petitioner obtained 124.1072 marks, i.e. the exact cut off marks. However, the name of the petitioner did not find place in the final select list and he was not accorded appointment. On being inquired, it was informed that as the petitioner was above 50 years of the age, the upper age limit prescribed for ex-servicemen, he was not accorded appointment. The case of the petitioner is that he was 51 years and 6 months of age on 1/1/2017 and was therefore entitled to be selected in terms of clause 8 of the advertisement. Clause 8 of the advertisement in question provided as under:-

(3.) Learned counsel for the petitioner submitted that a relaxation of three years in age was granted to all the applicants irrespective of any category in terms of the notification dtd. 23/9/2008 of the State Government which provided that if no recruitment process has been undertaken during the intervening period, the person who had been eligible in the respective years when no recruitment process took place, would be deemed to be eligible in the present recruitment but the said relaxation was kept limited to a period of three years only. He further submitted that the maximum age limit prescribed for ex-servicemen was 50 years in terms of clause 8(8) of the advertisement and the relaxation of three years as granted to all the applicants makes the upper age limit to be 53 years for the ex-servicemen. The petitioner being 51 years and 6 months of age on 1/1/2017 was very well within the prescribed age limit and therefore ought to have been selected.