HEM RAJ GURHANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order dated 3.9.2013 passed by the learned single Judge in writ petition filed by the appellants whereby the claim of the appellants for benefit of age relaxation for the purpose of consideration of their candidatures for recruitment on the post of Junior Marketing Officer in the Agriculture Marketing Department against the vacancies advertised vide advertisement dated 28.2.2008 has been dismissed. The appellants, who are working as L.D. Cs. in the Agricultural Marketing Department., applied for recruitment on the post of Junior Marketing Officer in pursuance of advertisement dated 28.2.2008 issued by the Rajasthan Public Service Commission, Ajmer. However, their candidatures have been rejected while treating them over age because all the appellants have crossed maximum age of 40 years prescribed for in service candidates in the Rajasthan Subordinate Service (Recruitment and Other Service Conditions) Rules, 2001 (hereinafter referred to as 'the rules of 2001').

(2.) In the writ petition, the appellants have claimed that as the vacancies for the post of Junior Marketing Officer have been advertised only in the year 2008 after 1995-96, they are entitled for relaxation in maximum age limit equal to the period when the vacancies have not been advertised. It is contended in the writ petition that as the State Government has failed to determine the vacancies of the Junior Marketing Officer every year and has also failed to conduct recruitment on the post of Junior Marketing Officer every year, the State Government should exercise jurisdiction vested in it under Rule 49 of the Rules of 2001 and should have provided benefits of age relaxation in the maximum age equal to the period the vacancies have not been advertised.

(3.) The claim of the appellants is rejected by learned single Judge while relying on the decisions passed by a co-ordinate Bench of this Court in the matters involving similar controversy.