Rajasthan High Court - Jaipur
Mahendra Kumar vs State (Panchati Raj Dep)Ors on 1 October, 2012
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No. 15274/2012 Mahendra Kumar versus State of Rajasthan & anr 1.10.2012 HON'BLE MR. JUSTICE MN BHANDARI Mr MK Jain for petitioner BY THE COURT:
The petitioner applied for the post of Teacher Gr III (Level-II Social Studies). He was allowed to appear in the selection and stood in the merit. As per age clause in the advertisement, one should not have attained the age of 35 years as on 1.1.2013. Petitioner knowing it well that even after relaxation he would be overage by more than two months, made an application.
It is submitted that as per rules, vacancy should have been advertised every year and if there is delay, it should not be to the detriment of the rights of the petitioner. In last so many years, no recruitment was held for the post in question thus petitioner should be treated within age. The case of the petitioner was recommended by the Chief Executive Officer, Zilar Parishad, Kota for seeking guidance vide letter dated 8.9.2012 at Annexure-4.
I have considered submissions of learned counsel and perused the record.
Similar controversy came up before this Court in the case of Pawan Kumar Bardiya & ors versus State of Rajasthan & anr, SB Civil Writ Petition No.8046/2008, decided on 18.8.2011 and, therein, referring to the judgment of the Hon'ble Apex Court in the case of RPSC, Ajmer Versus Smt Anand Kanwar, Civil Appeal No.52 of 1993, decided on 8.2.1995. The petitioners therein were not held within the age limit for appointment to the post in reference though a direction for consideration of the representation by the State Government for grant of age relaxation was given.
In view of the aforesaid judgment, petitioner cannot be treated within age merely for the reason that selection for the post of Teacher Gr III were not made for last few years. If the petitioner is rendered eligible due to appearance in selection then it would be nothing but to grant undue benefit. He applied for the post knowing it well that he is ineligible being overage. If relief is granted then it would be in discrimination as the law abiding candidates may not have applied being overage thus they would be deprived to get right of consideration in the same manner as the petitioner.
Looking to over all facts and circumstances of this case, petitioner is not entitled to the relief as prayed. However, he would be at liberty to make a representation to the respondents with regard to his grievance in the light of the judgment in the case of Pawan Kumar Bardiya (supra) and taking note of the hardship and the last recruitment being in the year 2006, respondents are expected to take a proper view as indicated in the judgment referred to above. It is clarified that respondents will apply the ratio of the aforesaid judgment instead of going into the facts therein. The petitioner/s will, however, enclose the copy of the judgment supra while copy of this order is served on the respondents.
With the aforesaid, writ petition so as the stay application are disposed of.
It is, however, necessary to make a remark. The Chief Executive Officer, Zila Parishad, Kota has sought guidance vide letter dated 8.9.2012 at Annexure-4 knowing it well that petitioner is overage by more than two months as per rules. It is surprising that even after knowing about the rules and the fact that age is to be seen as on 1.1.2013 he sought guidance indicating that petitioner would not be overage on the date of joining of the post. It is nothing but seeking guidance in ignorance of rules, rather, contrary to rules. Accordingly, a copy of this order be sent to the Principal Secretary, Department of Personnel, Government of Rajasthan and the Principal Secretary, Panchayati Raj Department, Government of Rajasthan for action in the matter.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW