CWP 3531/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.3531/2008 Banshidhar & Harlal Singh Versus State & (3) Ors. 2-Civil Writ Petition No.4084/2008 Kishore Kumar, Satyna Narain & Jeevan Ram Nayak Versus State & (3) Ors. Date of Order ::: 01/05/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Ajay Gupta, for petitioners Mr. Sanjay Srivastava, Dy.GA, for respondents Both the petitions have been filed raising self-same grievance that petitioners are in-service candidates and are otherwise eligible for the post of Junior Marketing Officer notified vide advertisement dt.28/02/08. Counsel submits that all the petitioners fulfill requisite academic qualification and are otherwise eligible except their age in terms of advertisement issued by Rajasthan Public Service Commission (“RPSC”) on 28/02/08 for holding regular selection to the post of Junior Marketing Officer in Department of Agriculture; and since State Government failed to make regular selection after 1995-96, they became over-age; as such their right of consideration despite otherwise eligible, has been seriously jeopardized. At joint request, these petitions have been finally heard and are being disposed of at admission stage. After hearing both the parties, CWP 3531/08 //2// this Court finds that power of relaxation in relation to the age vests with State Government U/r 49 of the Rajasthan Subordinate Services (Recruitment & other Service conditions) Rules, 2001 (“Rules, 2001”) - in reference to which advertisement dt.28/.02/08 has been issued by RPSC. R.49 of Rules, 2001 reads ad infra: “49. Power to relax rules : 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 hardship in any particular case or where the Government is of the opinion that it is necessary or expedient to relax any of the provisions of these rules with respect to age or experience of any person, it may with the concurrence of the department of personnel and in consultation with the commission, where necessary, by order dispense with the relax the relevant provisions of these rules to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner provided that such relaxation shall not be less favourable than the provisions already contained in these rules. Such cases of relaxation shall be referred to the commission by the administrative department concerned; CWP 3531/08 //3// Provided that relaxation in the prescribed period of service or experience under this rule shall only be granted to the extent of 1/3 period of the service or experience prescribed for promotion to any post before holding the meeting of the departmental promotion committee.” Since petitioners are over-age and are not eligible in terms of advertisement dt.28/02/08, in absence of relaxation in age by the Government, they cannot be held eligible to participate in process of selection for the post of Jr. Marketing Officer. Consequently, both the writ petitions are hereby disposed of with the direction to the petitioners to make representation within fifteen days in terms of R.49 of Rules, 2001 (supra) seeking relaxation of age for consideration of their candidature for the post of Junior Marketing Officer in reference to advertisement dt.28/02/08, before State Government which may objectively consider taking note of the fact that for sufficient long time, as alleged after 1995- 96, selection process has not taken place for the post in question, by a speaking order and communicate to each of them within one month and if made eligible by relaxation of age, the RPSC may allow them to participate in process of selection for the post applied for (supra). No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/3531CW08(2)rep.doc