S.B.CIVIL WRIT PETITION NO. 1500/2009 Sultan Khan v. State of Rajasthan & ors. Date of order : 02.03.2009 HON'BLE MR. H.R.PANWAR, J. Mr. Sikander Khan for Mr. M.A.Siddiqui for the petitioner The only grievance of the petitioner is that his case has not been considered by the respondents on the ground that the petitioner was overage for the post of Prabodhak which he applied under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (for short 'The Rules of 2008' hereinafter).. Rule 13 of the Rules of 2008 deals with the age and reads as under : “13.Age.- A candidate for direct recruitment to a post enumerated in the Schedule must have attained the age of 23 years and must not have attained the age of 35 years on the first day of January following the last date fixed for receipt of applications: Provided- (i)that the upper age limit mentioned above, shall be relaxed by 5 years in case of male candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward classes., (ii)that the upper age limit mentioned above shall be relaxed by 5 years in case of women candidates belonging to General Category. (iii)That the upper age limit mentioned above shall be relaxed by 10 years in the case of woman candidates belonging to the Scheduled Caste, Scheduled Tribes and the Other Backward Classes. (iv)That the upper age limit mentioned above shall be 50 years in the case of Ex-service personnel and the reservists, namely the Defense Service Personnel who were transferred to the reserve. (v)That the person serving under the educational project in the State viz. Rajiv Gandhi Pathshala/Shiksha Karmi Board/ Lok Jumbish Pariyojana/ Sarva Shiksha Abhiyan/ District Primary Education Programme shall be deemed to be within age limit, had they been within the age limit when they were initially engaged even though they may have crossed the age limit at the time of direct recruitment. (vi)That the upper age limit mentioned above shall be relaxed by a period of equal to the service rendered in the NCC in the case of Cadet instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit, (vii)that the Released Emergency Commissioned Officers and Short Service Commissioned Officers after release from the Army shall be deemed to be within the age limit even though they have crossed the age limit when they appear before the Committee had they been eligible as such at the time of their joining the Commission in the Army. (viii)That there shall be no upper age limit in the case of widows and divorced women. Explanation.- That in the case of widow, she will have to furnish a certificate of death of her husband from the Competent Authority and in case of divorce, she will have to furnish the proof of divorce.” Proviso (i) to rule 13 provides that the upper age limit shall be relaxed by 5 years in the case of male candidates belonging to the Scheduled Castes, Scheduled Tribes and the Other Backward classes. Rule 13(v) further provides that the person serving under the educational project in the State viz. Rajiv Gandhi Pathshala/Shiksha Karmi Board/Lok Jumbish Pariyojana /Sarva Shiksha Abhiyan/District Primary Education Programme shall be deemed to be within age limit, had they been within the age limit when they were initially engaged even though they may have crossed the age limit at the time of direct recruitment. In the instant case the petitioner is a member of Other Backward Classes. In my view, it would appropriate in permitting the petitioner to submit a detailed representation ventilating grievance to the respondents. The respondents shall consider and decide the same strictly in accordance with the Rules of 2008 within a reasonable period. With these observations the writ petition stands disposed of. The stay application also stands disposed of. (H.R.PANWAR), J. Smathur/