STATE OF RAJASTHAN Vs. DR. BANSILAL JAKHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Challenge in the two appeals is to a common judgment dated 20th November, 2006 allowing writ petition filed by the respondent No.1. The State of Rajasthan and RPSC have filed the two appeals.

(3.) The respondent was claiming benefit of relaxation of age to be appointed as a Head Master in the Secondary School. He was initially appointed as Teacher Grade-III on 14th September, 1985 in the State of Rajasthan and while on probation he thought better to accept appointment under Kendriya Vidhyalaya on 10 th December, 1986. In Kendriya Vidhyalaya he was promoted as a Teacher Grade-II and worked till 28th November, 1994. Responding to advertisement for being appointed as a Lecturer in Political Science under the State he applied and on being selected was appointed as Lecturer on 29th January, 1994. In April, 2002 RPSC issued an advertisement inviting applications to fill up posts of Head Masters. Having the necessary educational qualifications and experience as per Rule 11 of the Rajasthan Education Service Rules, 1970 the respondent applied but was found to be over-age. In the writ petition filed the respondent claimed benefit of age relaxation on the ground that twin benefit of he being an OBC and Government Servant be given to him. The learned Single Judge rightly rejected the plea on the ground that benefit of age relaxation can be claimed under one category and no two. The respondent then argued that whereas members of subordinate service as per the Rajasthan Education Service Rules were entitled to the benefit of age relaxation for the period recruitments were not made, similar benefit ought to be granted to the members of the other service. This challenge has also been negated by the learned Single Judge for the reason the vires of Rule 10 of the Rajasthan Education Service Rules which made applicable said rule only to the notified services was not challenged.