LAXMAN RAM DEVPAL Vs. STATE OF RAJ.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner seeking to question the validity of Rule 265 of the Rajasthan Panchayati Raj Rules, 1996 ('the Rules'), which provides for cut-off date as on 1st day of January following the last date fixed for receipt of applications regarding age of the candidate.

(2.) IT is submitted by learned counsel for the petitioner that fixing a cut-off date for determining the maximum age with reference to the 1st January following the year, in which, the applications were invited, is per se arbitrary as the petitioner is within age limit on the last date of filing the application form and he would be deprived of applying for the post of Teacher on account of an arbitrary provision in the Rules.

(3.) THE challenge to cut-off date for the purpose of determining the maximum age with reference to 1st day of January next following the last date fixed for receipt of applications is no more res integra, inasmuch as, the validity of said provision already stands upheld by this Court in Surinder Singh v. State of Rajasthan : (1995) 1 RLW 197, which judgment has been upheld by Hon'ble Supreme Court in Dr. Ami Lal Bhat v. State of Rajasthan & Ors. : (1997) 6 SCC 614, wherein, validity of similar provisions regarding cut-off date for maximum age in Rajasthan Medical Services (Collegiate Branch) Rules, 1962, the Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959, the Rajasthan Class IV Services (Recruitment and other Service Conditions) Rules, 1963 and the Rajasthan Educational Subordinate Service Rules, 1971 were upheld.