CW-8388/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.8388/2010 Hitendra Kumar & Ors. Vs. State of Raj. & Ors. Date Of Order :: 29/11/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Tanveer Ahmed, for petitioners. Mr. S. Kumar Saini on behalf of Mr. R.P. Singh, AAG, for respondents. It is not disputed that controversy raised in the instant petition has been examined in CWP-13883/2009 (Davendra Singh & Ors. Vs. State & Ors, decided vide order dt.09.02.2010) wherein this Court observed as under :- “It may be relevant to observe that the Hon'ble Supreme Court, while disposing of the Civil Appeal No.1398/2006 vide order dated 30/01/2008, has observed that after filing of the writ petitions earlier preferred, no advertisement was issued for filling up the post of Lab Technician under the Rules,1965 and taking into consideration, it was observed that the appellants before the Supreme Court may be considered to participate in the selection process and if they have crossed the upper age limit in which eventually age bar in relation to those appellants shall be CW-8388/10 (2) relaxed.” This Court certainly finds substance in the submission so made by counsel for petitioners. The benefit cannot remain confined to those who approached the Hon'ble Supreme Court alone and the petitioners being similarly situated, they too are entitled for relaxation in age and to be permitted to participate in the selection process certainly if otherwise eligible for the post of Lab Technician in terms of advertisement dt.06.10.2009 which has been issued by the respondents under the Rules,1965. Consequently, the writ petition is allowed. The respondents are directed to treat the petitioners within age for the purpose of their participation in the selection process which the respondents have initiated holding selection for the post of Lab Technician under the advertisement dt.06.10.2009 and if they are otherwise found eligible/suitable, may be considered for appointment in accordance with Rules,1965. No costs. (Ajay Rastogi),J VS Shekhawat /p.2/ 8388cw10Nov29FnlDsps.doc