RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN advertisement was issued by the Deputy Director of Education, Udaipur, in the year 1979 inviting applications for appointment of second grade teachers in the subject of Commerce. Under the advertisement, the last date for receipt of the application was fixed somewhere in the end on 1979. In response to the advertisement, the petitioner applied through Employment Exchange, Bhilwara. The petitioner was selected and was appointed as second grade teacher initially on temporary basis vide order No. 442-48 w. e. f. 7. 10. 80. The petilioner's appointment was temporary for the period upto 16. 5. 81. While the petitioner was serving as second grade teacher, an advertisement was issued by respondent No. 2 bearing number 5/83-84 on 27. 10. 83 inviting applications for Senior Teachers as well as Junior Teachers. Under the' advertisement, the last date for submission of the application in response to the advertisement was fixed 16. 12. 83. In paragraphs 8 of the advertisement, it is mentioned that the incumbent should have attained the age of 18 years as on 1. 1. 84 and should not have completed 30 years of age on that date. In sub-para (4), it is mentioned that if the incumbent is in service in the department on any post on temporary basis, then in that case if the person was within the age limit at the time of his initial appointment, then he would be deemed to be within the prescribed age limit, notwithstanding the fact that at the time of his appearance before the respondent No. 2, he may have crossed the maximum age limit and that they would be entitled to two chances consecutively. It is the case of the petitioner that he applied in response to this advertisement for the post of Senior Teacher in the subject of Commerce. The petitioner appeared in the examination conducted for the said appointment by respondent No. 3 Rajasthan Public Service Commission. However, by letter dated 20. 7. 84 issued by respondent No. 3, the petitioner's application for appointment was turned down on the ground that he is not a permanent employee of the State of Rajasthan and that he was appointed in the State service after attaining the age of 30 years and, therefore, he is not entitled for any age relaxation.

(2.) ACCORDING to the respondents, the petitioner was initially appointed on temporary basis as second grade teacher on 7. 10. 80 and on that date, he had crossed the age of 30 years. The petitioner was born on 149. 1950 (which is the admitted date of birth) and, therefore, for appointment to the post of Senior Teacher, he was not entitled for any age relaxation and his application for appointment to the 'post of Senior Teacher was rightly turned down by respondent No. 3.