Rajasthan High Court - Jaipur
Mahendra Kumar Sharma vs State (Education Department)Anr on 20 September, 2016
Author: Mn Bhandari
Bench: Mn Bhandari
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Civil Writ Petition No.11541/2016
Mahendra Kumar Sharma S/o Shri Ram Swaroop Sharma, aged about
42 years, R/o Near Jain Mandir, Salasar Bus Stand, Ward No.17,
Sikar, District - Sikar (Raj.)
..Petitioner/s
versus
1.State of Rajasthan through Secretary, Education, Secretariat, Jaipur
(Rajasthan)
2.Director, Secondary Education, Bikaner
..Respondent/s
20.9.2016
HON'BLE MR. JUSTICE MN BHANDARI
Mr Ravi Chirania - for petitioner/s
BY THE COURT:
By this writ petition, prayer is made to grant relaxation in age for appointment to the post of Teacher Gr II.
It is a case where the respondents issued an advertisement on 1.6.2011 to invite applications for the post of Teacher Gr II. The petitioner was found overage thus treated to be ineligible. The relaxation in age is sought in ignorance of the fact that 2 the government had earlier amended the rules to provide relaxation in age to the maximum 3 years provided no selection in the previous year/years could be conducted. As per the information of learned counsel for petitioner, selection earlier to the year 2011 was made in the year 2009 thus selection of the year 2011 was not with inordinate delay but with gap of one year only. The relevant rule so amended by the Government of Rajasthan, Department of Personnel (A-Group-II) vide Notification No.F.7(6)DOP/A II/2008 dated 23.9.2008 by amending the Rajasthan Various Service (Fifth Amendment) Rules, 2008 is quoted hereunder for ready reference -
"If a candidate would have been entitled in respect of his/ her age for direct recruitment in any year in which no such recruitment was held, he/ she shall be deemed to be eligible in the next following recruitment, if he/ she is not overage by more than 3 years."
The petitioner was overage even if selection would have been conducted in the year 2010.In the light of the aforesaid and looking to the selection in quick succession for the post of Teacher Gr II, the prayer made in the writ petition cannot be accepted. It is, no doubt, true that the government has power to relax the age by invoking rule 38 of the Rajasthan Education Subordinate Service Rules, 1971 but it cannot be claimed as a matter of right. It is more so when amendment in the rule has been made to grant relaxation in age in an appropriate case.
3
In the light of the discussion made above, I do not find any merit in the writ petition. Hence, it is dismissed.
(MN BHANDARI), J.
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