IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3143/02 Jagdish Prasad Sharma vs. State & Ors. Date of order : 7/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.R. Yadav for the petitioner. Shri Hemant Gupta, Additional Government Counsel for the respondents. ****** This writ petition seeks to challenge the order dated 15.4.2002 whereby the selection of the petitioner as Para Teacher has been cancelled. Shri S.R. Yadav, learned counsel for the petitioner has argued that this order has been passed without opportunity to the petitioner inasmuch as the respondents in the relevant instructions, which are on record at Annexure- 3, themselves have not specified any upper age limit for appointment on the post of Para Teacher. It cannot therefore be said that a person who is more than 33 years of age, would not be eligible for appointment. Learned counsel submitted that though reference to the Circular dated 12.4.02 issued by Rajasthan Prathmik Shiksha Parishad has been made in the reply to the writ petition, but no such document has been placed on record and therefore it cannot be accepted that upper age limit for appointment on the post of Para Teacher is 33 years. Learned counsel submits that the very same Parishad has issued instructions in Circular dated 19.9.2000 for appointment on the post of Para Teacher which is on record as Annexure-3 in which no such upper age limit is indicated. Selection of the petitioner therefore could not be cancelled. Learned counsel also submits that merely because the respondents in the counter affidavit referred to the Circular of the Parishad dated 12.4.2002, it cannot be accepted unless it is produced on record that the Circular provides for the upper age limit of 33 years. The respondents opposed the writ petition. Apart from relying on the aforesaid Circular dated 12.4.2002 they have also referred to the undertaking given by the petitioner himself in which he had stated before the Block Level Selection Committee that if as per the government rules, his age is found to be exceeding the prescribed upper age limit, his selection would be liable to be cancelled without any notice. It was submitted that selection of the petitioner was cancelled even before he was allowed to join. There is therefore no right vested in the petitioner to insist for retaining him in service, even when he was found ineligible on the date of his selection. On consideration of the arguments aforesaid and perusal of the material on record, I find that the Circular Annexure-3 issued by Rajasthan Prathmik Shiksha Parishad though no doubts provides for the procedure and method of appointment and it has not given either minimum or maximum age of eligibility for such appointment, but the respondents have on record produced the undertaking of the petitioner himself given before the Block Legal Selection Committee in which he had in clause 8 undertaken that if his age is found to be existing the upper age limit as per the government rules, the selection may be liable to be cancelled without notice. The respondents have asserted on oath that the Circular of the Parishad dated 12.4.2002 which has been issued in accordance with Rule 265 of the Rajasthan Panchayati Raj Rules, 1965 does not provide for any age relaxation and that it provides that the upper age for such appointments would be as that of the government employment. Here in the present case, it is not in dispute that the petitioner as on the date of selection had crossed the upper age limit. If the petitioner was more than 33 years of age, it therefore, cannot be accepted that he was eligible for appointment. Even if the Circular dated 12.4.2002 relied on by the petitioner does not provide for any eligibility criteria as to age whether minimum or maximum, it cannot be accepted that a person with any age, whether below 18 years or more than 33, would still be eligible for appointment. The District Project Convener, District Primary Education Programme, Churu in order dated 12.4.2002 which is on record has clearly noted that the Parishad by its Circular dated 10.4.2002 has provided that the age eligibility of Para Teacher has to be between 18 and 33 years. There is no reason not to believe this Circular of the District Project Convener. I therefore do not find any merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/