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However, significantly, when it came to the question of recruitment for the posts of Civil Judges in the Services of the judiciary it is pointed out that neither in the Rules of Rajasthan Judicial Service Rules, 2010, nor in the State Rules of 2011 there is any provision for relaxation in the upper age limit in respect of disabled persons.

The petitioner herein is concerned with the selection by way of direct recruitment through competitive examinations held in 2013 for the post of Civil Judges (Junior Division) and Judicial Magistrate (First Class) in Civil Judge Cadre of Rajasthan Judicial Service under the Rajasthan Judicial Service Rules, 2010. It is necessary to note that this Court has held that while on the one hand reservation as provided under Articles 16(1), 4, (4A) and (4B) falling under Chapter III forms the basic structure of the Constitution, preservation of autonomy and role of High Court as envisaged under Articles 233 to 235 of the Constitution are also part of basic structure of Constitution. We can make a reference to a recent decision of this Court reported as Nawal Kishore Mishra & Ors. Etc. v. High Court of Judicature at Allahabad Through its Registrar General & Ors. Etc. – 2015 (5) SCC 479 wherein, while highlighting the principles on this aspect this Court has held as under in paragraphs 20.10, 20.12, 20.14 and 20.15: