S.B. CIVIL WRIT PETITION NO.75/1997 Chetan Panwar Vs. State of Rajasthan & Ors. Date of Order : 15th January, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sunil Bhandari for the petitioner. Mr. Khet Singh for Mr. J.P. Joshi for the respondents. --------- This writ petition is directed for seeking challenge to the selection process in pursuance of the advertisement dated 8.1.1996 Annex.2. For the said post, the maximum age prescribed was 35 years. As per the affidavit filed in support of the writ petition in which the age of the petitioner is shown 32 years. He has definitely crossed the age bar by now, therefore, at this stage in absence of any vacant post in pursuance of advertisement, no relief can be granted to the petitioner. The learned counsel for the petitioner submits that the condition imposed in the advertisement that the applicant should have training from the recognized institution under condition No.5 is arbitrary as no such recognized institution worked at the relevant point of time in the State. This Court is of the opinion that the condition itself cannot be found to be arbitrary as it is the choice of the employer to decide the eligibility of the applicants, who can apply the job. Moreover this issue is of no relevance at this stage because no relief can be granted in the circumstances as narrated above. The writ petition is accordingly dismissed as having become infructuous. [ DR. VINEET KOTHARI ], J. item No.9 babulal/-