OM PRAKASH BAIRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India, praying that the respondents be directed to relax the upper age limit in case of the petitioner, as he successfully cleared the Rajasthan Teacher Eligibility Test and made to the merit list.

(2.) Admittedly, the petitioner as on today is 43 years old. Maximum age prescribed for recruitment of the Teacher is 35 years. This Court in Suresh Chander Meena & Ors. vs. Secretary, Rajasthan Subordinate & Ministerial Services Selection Board & Anr., SBCWP No.14934/2016, while deciding bunch of writ petitions, on 19.11.2016 has held as under:- "In the ultimate analysis, age relaxation for the direct recruitment, if to be granted, would be a matter for the Government to prescribe in the relevant rules; and beyond what has been prescribed, cannot be claimed as a matter of right. It appears that in order to mitigate against the hardship likely to be faced by the prospective candidates but at the same time maintaining the balance of the requirements of services, the Government has provided age relaxation upto 3 years by way of notifications of amendment as issued on 23.09.2008. Taking for example the recruitment in question, the maximum age limit as prescribed in the Rules is 35 years and it gets extended to "

(3.) In view of legal position enunciated in the case of Suresh Chander Meena , which has been reproduced above, this Court cannot come to the rescue of the petitioner. The petitioner if so advised may file a representation to the State Government under rule 296 of Panchayati Raj Rules, 1996.