SBCWP No.5010/2002. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.5010/2002. Bal Chand Mahor Vs. State of Rajasthan & Ors. Date of Order:- 7 July 2008. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Tanveer Ahmed for the petitioner. Shri S.N. Kumawat for RPSC. ***** BY THE COURT:- Heard learned counsel for the parties. 2) Though this writ petition has been filed challenging the validity of Rule 10 of the Rajasthan Educational Servie Rules, 1970 (for short, the "Rules of 1970") but the petitioner has also made an alternate prayer that respondents may be directed to grant him requisite relaxation with regard to upper age limit in the peculiar facts of the case where application of the petitioner for appointment on the post of School Lecturer (Economics) has been rejected by the RPSC, Ajmer on the ground of his being over- age by only one day. In view of this alternate prayer, petitioner does not press challenge to the validity of the rules. Matter is therefore being considered on the alternate prayer alone. SBCWP No.5010/2002. 2 3) It is contended that petitioner is possessing degree of M.A. (Economics), M.Phill & B.Ed. which he obtained in 1989, 1992 and 1994, respectively. Learned counsel submitted that even though the vacancies become available with the respondents but they were not advertised for number of years with the result that when eventually respondents issued advertisement on 31/5/2007, petitioner had already attained the age of 37 years. The petitioner being a member of the Scheduled Caste was entitled to relaxation of 5 years and was accordingly granted relaxation but the respondent-RPSC rejected his application vide their communication dated 20/7/2002 stating that since petitioner has attained age of 38 years as on 1/7/2002 even after grant of relaxation of 5 years, his application cannot be considered. 4) Shri S.N. Kumawat, learned counsel appearing for respondent-RPSC has contested the writ petition and argued that when already relaxation of 5 years has been granted to the petitioner, relaxation of one more day may not be admissible to him. The RPSC therefore rightly rejected the candidature of the petitioner. 5) This Court while issuing notices of the writ petition to the respondents, directed the RPSC Ajmer vide its ad-interim stay order dated 7/8/2002 to provisionally interview the petitioner with the further direction to keep his result in a sealed cover which however shall abide by the final judgment SBCWP No.5010/2002. 3 of the writ petition. 6) Facts of the case indicates that the vacancies which were advertised by the respondents were all not related to the year 2001-02 itself. At the time when vacancies were notified by the respondents for direct recruitment, the same were for the year 1996 and subsequent advertisement thereafter which was issued in the year 2001, is now the subject-matter of the present petition. The petitioner belongs to Scheduled Caste community. The eligibility qualification that is required for appointment on the post of School Lecturer is Diploma in Education. The petitioner is highly qualified as would be evident from the fact that he possessed not only the degree of B.A. but also M.A. in Economics besides that he possessed the degree of M.Phill and B.Ed. It was argued that though the respondents required 38 years as upper age limit as on 1/7/2002, but unfortunately on that day he exceeded that age limit by one day. His candidature has already been considered by the RPSC though under the directions of this Court but the result has not been declared so far. The rule making authority should have visualised the occurrence of such hard and genuine cases provided in Rule 38 of the Rules of 1970 which provides as under:- "In exceptional cases where the Administrative Department of the Government is satisfied that operation of the rules relating to age or regarding requirement of experience for recruitment causes undue SBCWP No.5010/2002. 4 hardship in any partciular case or where the Government is of the opinion that is necessary or expedient to relax any of the provisions of these rules with respect to age or experience of any persons, it may with the concurrence of the Department of Personnel and Administrative Reforms and in consultation with the commission by orders dispense with or relax the relevant provisions of these rules to such extent and subject to such conditions at it may consider necessary for dealing with the case in a just and equitable manner." 7) Having regard to facts of the case, I am satisfied that this is indeed a case where resultant situation has given rise to undue hardship to the petitioner but relaxation is domain of the government and therefore this matter should receive its consideration. While therefore partly allowing the writ petition, I direct the petitioner to make representation to the respondents within a period of four weeks and the respondents having regard to the peculiar facts of the case shall sympathetically consider the representation of the petitioner within three months from the date of receipt thereof. In case, eventually it is decided to grant relaxation and if the petitioner is found to have been selected as per his merit, the petitioner would be entitled only to the notional benefits in that eventuality. (MOHAMMAD RAFIQ), J. anil