RAJ KUMAR SHRIMALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, in this writ petition, has challenged the validity of the amended proviso to Rule 10 of the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short 'the Rules of 1965' hererinafter) vide notification dated 06.02.2013 to the extent it limits the age relaxation to the period maximum of five years to the persons working under the Government, Chief Minister BPL, Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Cooperative Department or Sahakari Upbhokta Bhandar. The petitioner has claimed that the benefit of age relaxation should be provided up to the number of years of service rendered by a candidate under Government, Chief Minister BPL, Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Cooperative Department or Sahakari Upbhokta Bhandar.

(2.) The petitioner has also challenged the validity of provision of Rule 10 of the Rules of 1965, which provides determination of maximum age of a candidate on the first day of January next falling the last date fixed for the receipt of the applications and claimed that the maximum age of a candidate should be determined while taking into consideration the last date of submission of application. The petitioner has further claimed that fixing of cut-off date prescribing maximum age for a candidate for direct recruitment to the service as first day of January next falling the last date fixed for the receipt of the applications is arbitrary and ultra-vires and has no nexus with the object to be achieved and, therefore, the same is liable to be struck down and the respondents be directed to consider the last date of receipt of application as cut-off date for determination of maximum age of a candidate.

(3.) The learned counsel for the petitioner has contended that putting rider of providing five years of age relaxation to those employees, who are working under the Government, Chief Minister BPL, Jeevan Raksha Kosh, National Rural Health Mission, Medi Care Relief Society, AIDS Control Society, Institutes under Cooperative Department or Sahakari Upbhokta Bhandar is highly discriminatory and it would cause prejudice to those employees, who had more than five years' working experience in the above named institutions. It is contended that the said provisions of fixing the benefit of age relaxation maximum to five years limits the equal opportunity in public employment and, therefore, is violative of Article 14 of the Constitution of India.