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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.

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.

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.