Rajasthan High Court - Jaipur
Yogendra Verma S/O Babu Lal vs Rajasthan High Court Jodhpur on 7 January, 2019
Bench: Mohammad Rafiq, Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writs No. 27773/2018
Yogendra Verma S/o Babu Lal, Aged About 42 Years, B/c
Washerman, R/o B-117, Gol Market, Jawahar Nagar, Jaipur. (Raj)
----Petitioner
Versus
1. Rajasthan High Court Jodhpur, Through Its Registrar.
2. Registrar (Examination), Rajasthan High Court, Jodhpur.
----Respondents
Connected With D.B. Civil Writs No. 28000/2018 Poonam Devi Sharma W/o Shiv Shankar Sharma, D/o Yogesh Chand Sharma, Aged About 41 Years, Resident Of Behind Saini Vidhya Mandir Ward No. 23, Nomuthya Mali Mohalla Bandikui, Dist. Dausa, Rajasthan Pin 303313.
----Petitioner Versus
1. Rajasthan High Court Jodhpur, Through Its Registrar General.
2. Registrar (Examination), Rajasthan High Court, Jodhpur.
----Respondents D.B. Civil Writs No. 28001/2018 Amit Pancholi S/o Shri Babu Lal Sharma, Aged About 38 Years, Resident Of Plot No. 9, Janta Coloney, Dehli Road, Mungaska, Alwar Pin 301001.
----Petitioner Versus
1. Rajasthan High Court, Jodhpur Through Its Registrar General.
2. Registrar (Examination), Rajasthan High Court, Jodhpur.
----Respondents For Petitioner(s) : Mr. Kuldeep Kumar Sharma; Mr. Yajuvendra.
For Respondent(s) : Mr. N.K. Maloo, Senior Counsel assisted by Mr. N.K. Singhal.
(2 of 3) [CW-27773/2018] HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 07/01/2019 In all these writ petitions, 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.
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. Amendment of rule 17.- In rule 17 of the said rules,-
(i) for the existing expression "23 years", the expression "21 years" shall be substituted;
(ii) for the existing expression "35 years", the expression "40 years" shall be substituted;
(iii) the existing proviso (ii) shall be deleted;
(iv) after the existing proviso (v), the following new proviso (vi) shall be added, namely:- "(vi) the upper age limit mentioned above shall be relaxed for persons with benchmark disabilities by,-
(a) 10 years for candidates belonging to General Category;
(b) 13 years for candidates belonging to Backward Classes and More Backward Classes; and
(c) 15 years for candidates belonging to Scheduled Caste or Scheduled Tribes"; and (3 of 3) [CW-27773/2018]
(v) after the proviso (vi) so added, the following explanation shall be added, namely:-
"Explanation: The relaxation in age will be admissible only in one category, mentioned in the proviso above."
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.
In view of above, the writ petitions are disposed of as having been rendered infructuous. It goes without saying that the petitioners can now submit online application in accordance with the Amended Rule 17 within the period of extended last date.
All the stay applications also stand disposed of. Office is directed to place a copy of this order on record of each connected petition.
(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J Manoj/128-130 Powered by TCPDF (www.tcpdf.org)