JAGDISH SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner desired to withdraw prayer for declaring r. 20 of the Rajasthan Police Sub-ordinate Service Rules, 1974 ultra-vires. THE only point raised by the learned counsel for the petitioner is that no direct recruitment have taken place during 1979 and 1980, when the petitioner was eligible to compete in the examination and, the selection and recruitment process which commenced later on, the petitioner was not considered only on the ground that by that time he has become over-age. This controversy now, according to both the learned counsel for the parties, stands settled by a decision of this Court in Prakash Chand and Ors. vs. State of Rajasthan and Ors. (1), wherein an observation was made as under : - "we are, therefore, of the considered opinion that as in the case of promotion quota, vacancies in direct recruitment quota must also be determined on yearly basis. We are also of the opinion that once direct recruitment vacancies are advertised, the process of selection must be completed on the basis of the Rules, which are in existance at the time of advertisement. Any amendment made subsequently shall not affect the eligibility of the candidates. So far as the age requirement is concerned,, the eligibility of the candidate must be adjudged with reference to the year to which the vacancies relate and the candidates cannot be made to suffer merely because of non-determination of vacancies or failure of the competent authority to issue advertisement. "

(2.) ACCORDINGLY, the petition is allowed.