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20. In the ultimate analysis, age relaxation for the direct recruitment, if to be granted, would be a matter for the Government to prescribe in the relevant Rules; and beyond what has been prescribed, cannot be claimed as a matter of right. It appears that in order to mitigate against the hardship likely to be faced by the prospective candidates but at the same time maintaining the balance of the requirements of services, the Government has provided age relaxation upto 3 years by way of notifications of amendment as issued on 23.09.2008. Taking for example the recruitment in question, (14 of 19) [CW-18005/2016] the maximum age limit as prescribed in the Rules is 35 years and it gets extended to 38 years with the relaxation provided. If at all the factor of not holding of recruitment for 13 years is taken into consideration and the relaxation for all the years of not holding recruitment is provided as suggested, it would be something like allowing a person even at about 48 years of age to enter into the service as an LDC. The Government, in its wisdom, if has chosen to restrict the relaxation to 3 years beyond the age as prescribed, it cannot be said that anything unreasonable or irrational has been provided.
"In the ultimate analysis, age relaxation for the direct recruitment, if to be granted, would be a matter for the Government to prescribe in the relevant rules; and beyond what has been prescribed, cannot be claimed as a matter of right. It appears that in order to mitigate against the hardship likely to be faced by the prospective candidates but at the same time maintaining the balance of the requirements of services, the Government has provided age relaxation upto 3 years by way of notifications of amendment as issued on 23.09.2008. Taking for example the recruitment in question, the maximum age limit as prescribed in the Rules is 35 years and it gets extended to 38 years with the relaxation provided. If at all the factor of not holding of recruitment for 13 years is taken into consideration and the relaxation for all the years of not holding recruitment is provided as suggested, it would be something like allowing a person even at about 48 years of age to enter into the service as an LDC. The Government, in its wisdom, if has chosen to restrict the relaxation to 3 years beyond the age as prescribed, it cannot be said that anything unreasonable or irrational has been provided."

18. The learned counsel for the appellant is right in arguing that no parity can be claimed by one category of service with other category of service and it is within the domain of the employer concerned that in which category of service, the benefit of age relaxation is to be provided. The benefit of age relaxation cannot be claimed as a matter of right and, therefore, the claim of the respondent-petitioner for age relaxation in the maximum age limit while claiming parity with other categories of service is not based on sound proposition of law and, therefore, is liable to be rejected.

7. It was found in the aforesaid case of Prem Ratan Modi that relaxation in age for direct recruitment would be a matter for the Government to prescribe in the relevant rules; and, beyond what had been prescribed, cannot be claimed as a matter of right. In Prem Ratan Modi's case, the claim for providing age-relaxation of 13 years was found beyond the relevant rules and, this Court, inter alia, observed as under:-

In the ultimate analysis, age relaxation for the (17 of 19) [CW-18005/2016] direct recruitment, if to be granted, would be a matter for the Government to prescribe in the relevant Rules; and beyond what has been prescribed, cannot be claimed as a matter of right....