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It is admitted fact that since the year 1994, no recruitment has been made for the post of Librarians Grade-III for the Secondary Education Department in the State of Rajasthan. Since the advertisement has been made after twenty-three years, number of candidates who had obtained requisite qualification, and are eligible for the post of Librarians Grade-III, have become overage.

Number of writ petitions have been filed praying that since vacancies have not been advertised according to vacancies which accrued every year, this Court should impress upon the State Government to relax the upper age and direct the Selection Board, the respondent no.2 to accept the application form of the petitioners offline, as system of Selection Board is not accepting the application form of the petitioners online, as the petitioners are overage than the age prescribed. Thus, only question raised in the number of writ petitions filed in this Court can be summed up, as under:-

"Whether the court can direct the State Government to accept the application form of the petitioners, who have become overage, especially when the vacancies were not determined qua each year from the last twenty-three years."

To answer the above question, it will be necessary to notice brief facts of the case.

Ganpat Lal and nine others preferred S.B. Civil Writ Petition No. 14803/2016. It is pleaded in the petition that the petitioner nos. 1 to 5, 9 and 10 belong to Scheduled Caste category, petitioner nos. 6 and 7 are from Other Backward Classes and petitioner no.8 is from the General Category. In the writ petition, it is stated that the petitioners being overage have been debarred to participate in the recruitment to the post of Librarians Grade-III, in pursuance of the advertisement dated 21.9.2016 issued under the Rajasthan Education Subordinate Service Rules, 1971 (hereinafter called 'Rules of 1971').

The controversy raised in the present petitions is not new to this Court. The State Government as a matter of practice, have not made recruitment every year by determining the vacancies, thus, the candidates who became overage, have been approaching this Court from time to time as and when advertisements were issued for the recruitment for various posts.

The learned counsel for the parties have pressed into service the judgment rendered by the Division Bench of this Court in the case of Prakash Chand etc vs. State of Rajasthan & anr., RLR 1990 (2) 1.

7. In the light of the authoritative pronouncement of the Supreme Court as afore noticed, we find no merit in the contentions of the counsel for the appellant. The appellant is not entitled to age relaxation as claimed by her."

The learned Single of this court further held that since the court cannot make overage candidates eligible, the candidates who have become overage can approach the State Government praying that the rule prescribing age be relaxed qua them. The learned Single Judge held as under:-