RAJASTHAN PUBLIC SERVICE COMMISSION Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) This appeal is directed against the order dated 26.08.2013 passed by the learned Single Judge in SBCWP No.7824/2012 and in other connected writ petitions, whereby the learned Single Judge, while allowing the writ petitions, has directed the appellant-RPSC to grant the benefit of relaxation in upper age limit up to the period of three years to the writ petitioners and consider their candidature for recruitment on the post of Sub Inspector in Rajasthan Police under Rajasthan Police Subordinate Service Rules, 1989 (for short 'the Rules of 1989' hereinafter) for the selections held for the vacancies advertised in the year 2010. However, the learned Single Judge has restricted the said benefit up to those candidates only, who have approached the Court within time and in whose cases, this Court has passed the interim for participation in the interview.

(2.) Brief facts of the case are that the Rajasthan Public Service Commission, Ajmer, vide advertisement dated 25.11.2010, had invited applications for the post of Sub Inspector of Police from the eligible candidates for their appearance in Sub Inspector of Police Combined Competitive Examination-2010. In pursuance of the said advertisement, the respondent-petitioner had applied and was allowed to appear in the written examination held on 25.05.2011. It is claimed by the respondent-petitioner that after clearing the written examination, he also undertook physical test, in which, he was declared successful and qualified for interview, however, he was not called for interview on the ground that he has crossed the maximum age limit of 23 years as prescribed in the advertisement in pursuance to the provisions of Rules of 1989.

(3.) The respondent-petitioner filed the aforesaid writ petition before this Court and prayed that he should be granted relaxation of three years in the maximum age as has been provided in the other service Rules of the State because the appellants have not advertised vacancies every year and advertised the vacancies after a period of three years. It is also claimed that the respondent-petitioner is entitled to get the relaxation of three years in upper age limit as per Rule 11(3) of Rules of 1989.