RAKESH ACHARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT writ petition has been filed by the petitioner for quashing impugned letter dated 25.06.2013 issued by the Addl. Director (Admn.), Mines and Geology Department, Rajasthan, Udaipur.

(2.) LEARNED counsel for the petitioner submits that the petitioner is working in the Mining Department on the post of L.D.C. (Nakedar) (Work-charged) and presently he is posted at the office of the Mining Engineer, Mines & Geology Department, Bikaner. According to learned counsel for the petitioner, he is possessing degrees of B.Sc. (Geology), M.Sc. (Geology), M.Phil (Environment and M.B.A. (Disaster Management). The petitioner applied in pursuance of advertisement issued by the respondents for appointment on the post of Foreman ­ II and it was specifically mentioned that vertical reservation will be given to the non-gazetted employees. However, the maximum age limit for the candidates was mentioned as 35 years as on 01.01.2012 and maximum age limit for the employees working in Panchayat Samiti, Zila Parishad and State instrumentalities or bodies was 40 years.

(3.) LEARNED counsel for the petitioner submits that as per the Rajasthan Mines & Geological Subordinate Service Rules, 1960, he is entitled for age relaxation in accordance with Rule 11(5), in which, it is provided that upper age limit mentioned above shall not be applicable to the members of the service who may apply for direct recruitment to a higher post. Therefore, the respondents are under obligation to grant opportunity to the petitioner to compete for the post in question.