INDER BHAN SINGH GUJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE grievance expressed by the petitioner in the instant writ petition is that though he qualified written examination and physical test conducted by the Rajasthan Public Service Commission, Ajmer (for short RPSC) for the post of Sub- inspector but his candidature was cancelled subsequently treating him over-age. THE petitioner has sought following relief - (i) that communication dated Feb. 15, 1997 be quashed and set- aside and respondents be directed to allow the petitioner to appear in the interview and if he is found suitable, to appoint him as Sub-Inspector with all consequential benefits. (ii) that Rule 11 of the Rajasthan Police Subordinate Service Rules, 1989 be struck down and petitioner be declared as entitled for consequential benefits.

(2.) THE case of the petitioner is that he is member of Other Backward Class (OBC) being Gujar by caste. In pursuance of advertisement dated January 23, 1996 issued by the RPSC for the post of Sub-Inspector the petitioner appeared in the written examination and physical test and qualified the same. In terms of the said advertisement the maximum age of the applicant is to be looked into as on January 1, 1997, which should not be more than 23 years but the RPSC without taking into consideration the amended Notification dated November 13, 1996 whereby relaxation for 2 years has been granted to the candidates of O. B. C. in the maximum age limit, rejected the candidature of the petitioner vide communication letter dated Feb. 25, 1997 (Annexure-5) on the ground that he has become over age in terms of advertisement dated January 23, 1996.

(3.) I have reflected over the rival submissions and carefully scanned the material on record as well as the case law cited before me.