GHANSHYAM DAS VIJAY Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the petition is heard finally.

(2.) The petitioner, by this petition, seeks to assail the correctness and validity of Clause 20 of the advertisement dtd. 9/4/2024, by which the respondents have initiated the process of recruitment to the post of Civil Judge Cadre in the State Judicial Services.

(3.) Quintessential facts necessary for determination of controversy involved in this petition are that the respondents have issued an advertisement on 9/4/2024 for filling up the vacancies in the Civil Judge Cadre in the State Judicial Services. Clause 20 of the aforesaid advertisement provides for the age eligibility. It provides that a candidate for direct recruitment to the post of Civil Judge Cadre must have attained the age of 21 years and must not have attained the age of 40 years on the first day of January following (1/1/2025) the last date fixed for receipt of applications. There are two provisos attached to the aforesaid prescription with regard to age eligibility. The first one provides for relaxation of upper age limit by 5 years, in case of candidates belonging to the Scheduled Castes/Scheduled Tribes, Other Backward Classes, More Backward Classes, Economically Weaker Ss. and Women Candidates. The note appended thereto also explains that the relaxation in age will be admissible in only one category. The second proviso states that the upper age limit shall be relaxed by 5 years in case of the persons with Benchmark Disabilities. It further provides that such age relaxation shall be in addition to the age relaxation already provided to different categories in Rajasthan Judicial Service Rules, 2010 (hereinafter referred to as 'the Rules of 2010'). An explanation appended to that also explains that as the last selection under the Civil Judge Cadre was held in the year 2021 and the age eligibility was determined with reference to 1/1/2022 and thereafter the next recruitment is being undertaken under the new advertisement, the age limit would be determined with reference to the date 1/1/2025, therefore, those who were eligible as on 1/1/2023, shall be deemed to be eligible.