1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No.8900/2010 Rajendra Kumar Tailor Vs State of Rajasthan & ors 27.9.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Tanveer Ahmed – for petitioner BY THE COURT: Learned counsel submits that petitioner has not been given age relaxation for his selection to the post of Rural Nurse Grade II. It is stated that advertisement was issued for filling up 1757 posts of Rural Nurse Grade II. Petitioner submitted his application form but the same was not considered by the respondents treating him to be barred by age. Petitioner's date of birth is 15.9.1969 and he belongs to Other Backward Class category, accordingly, he was entitled for benefit of relaxation, more so, when he is in service, as is clearly coming out from Annexure-4. Reference of rule 14(xii) of the Rajasthan Rural Medical & Health Subordinate Services Rules, 2008 (for short 'the Rules') has been made to show that petitioner is entitled for necessary benefit as given under the Rules. Petitioner was accordingly deprived of his right for consideration for appointment to the aforesaid post. 2 I have considered submission made by learned counsel for petitioner and perused the material on record. Plea raised by learned counsel for petitioner is that he is entitled for the benefit of age relaxation based on rule 14(xii) of the Rules. To fall into aforesaid rule, reference of Annexure-4 dated 10.7.2009 has been given. Perusal of Annexure-4 shows that it is a certificate of experience, however, petitioner has failed to file a copy of the appointment order to find out nature of his appointment. It is required to be seen as to whether petitioner was appointed on temporary basis so as to invoke provisions of rule 14 (xii) of the Rules. In absence thereof, petitioner cannot be extended benefit as claimed. Accordingly, this writ petition is dismissed at this stage in absence of required material. The same is dismissed. However, in view of what has been stated above, petitioner is given liberty to make a representation to respondents if petitioner was appointed on temporary basis and is entitled to the benefit as claimed under rule 14(xii) of the Rules. If any such representation is made by petitioner within fifteen days from today, the same may be decided by respondents by a speaking order. (MN BHANDARI), J. bnsharma