AMBIKA DAIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioners have approached this Court inter alia with the prayer that Rule 17 of the Rajasthan Judicial Services Rules, 2010 (for short 'the Rules of 2010') may be declared ultra vires, unconstitutional, discriminatory on the premise that State Government in all other similar Rules pertaining to different States Services has enhanced the upper age limit to compete for appointment in the case of general category from 35 years to 40 years whereas Rule 17 of the Rules of 2010 still continues to prescribe such age limit as 35 years.

(2.) Mr. N. K. Maloo, learned Senior Counsel appearing on behalf of the respondent-Rajasthan High Court submitted that during the process of receiving application forms for appointment on the post of Civil Judge (Junior Division) and Judicial Magistrate, Rule 17 of the Rules of 2010 has been amended by Rajasthan Judicial Service (Amendment) Rules, 2018 vide notification dated 27.12.2018 in the following terms:-

(3.) Learned Senior Counsel informs that last date for receipt of application forms has been extended from 05.01.2019 to 15.01.2019 and submitted that the Amended Rule 17 now effectively redresses grievances of the petitioners and any such applications submitted by the petitioners shall be considered by the respondents as valid applications as the aforesaid Amended Rule 17 brings the petitioners within the age limit. However, this shall be the subject to scrutiny of the applications of the petitioners by the respondents and if the applications are found in conformity with the Amended Rule 17, the same shall be considered accordingly and they shall be permitted to appear in the written examination like any other candidate, who is covered by the Amended Rule 17 and now files the online application.