Rajasthan High Court - Jaipur
Mohirt Kumar vs State (Education Department)Ors on 2 August, 2016
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Civil Writ Petition No.16902/2015 Mohit Kumar Versus State of Rajasthan & Ors. DATE OF ORDER : 02/08/2016 HON'BLE MR. JUSTICE M.N. BHANDARI Mr. Raghunandan Sharma, for petitioner
Mr. Sanjay Kumar Sharma, GC, for the State Mr. Amit Kuri, for respondent-RPSC With the consent of the parties, writ petition has been heard finally.
The Rajasthan Public Service Commission (RPSC) had issued an advertisement on 16.10.2015 for the post of Headmaster (School Education) for different subjects. As per terms of advertisement and rules, one should not have attained the age of more than 35 years as on 01.07.2016. The petitioner applied for the post and has been given relaxation in age by one year. It is precisely for the reason that last advertisement for the same post was issued on 02.08.2013 with the cut-off date for age to be 01.07.2014. Since no recruitment took place in the year 2014 with determination of age as on 01.07.2015, the petitioner was given relaxation in age by one year. He is still overage. In the light of aforesaid, the petitioner is not eligible for appointment on the post in question. The amended rule to provide relaxation in age 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 shall be deemed to be eligible in the next following recruitment, if he/she is not overage by more than 3 years.
It is not a case where recruitment has not taken place for years together, rather last recruitment was held in the year 2013 itself and present one is of the year 2015 i.e. with the gap of two years. The petitioner was given benefit of relaxation in age by one year thus no further relaxation can be permitted contrary to the rules. Taking into consideration the aforesaid and the petitioner being overage even after relaxation, cannot be held entitled to get appointment on the post of Headmaster (School Education).
The writ petition is accordingly dismissed.
[M.N.BHANDARI], J.
FRBOHRA