CW-15667/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.15667/2010 Shambhu Lal Meena Vs. State of Raj. & Ors. Date Of Order :: 30/11/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Tanveer Ahmed, for petitioner. The petitioner who is a member of Scheduled Tribe submitted his application pursuant to short term advertisement issued by the respondent dt.06.09.2010 holding selection for the post of Junior Ayurved/Nurse Compounder for District Udaipur. As alleged in the writ petition the petitioner's date of birth is 15.02.1966 and as on 01.01.2011 when the age of the applicant is to be looked into the petitioner would complete 44 years and 11 months and under the terms of advertisement the age for general candidate is 18-35 years. However, under the relevant rules the members of Scheduled Tribe are entitled to five years relaxation and in addition to it pursuant to omnibus amendment there is relaxation made in age under various service rules vide notification dt.23.09.2008 and three years further relaxation has been granted in case there is no such recruitment was held and in CW-15667/10 (2) such circumstances, the member of Scheduled Caste/Scheduled Tribe who are upto the age of 43 years as on 01.01.2011 are eligible to be considered pursuant to present advertisement impugned herein. Indisputably, the petitioner who is a member of ST has attained the age of 44 years and 11 months as on 01.01.2011 and has crossed the upper age limit in terms of the advertisement and also the notification dt.23.09.2008 and since for last so many years there was no advertisement issued by the respondent, as such he is further entitled for relaxation for the years when there was no selection as he has been deprived from participating in the process held later. In the opinion of this Court, the submission made is of no substance for the reason that the amendment notification dt.23.09.2008 has been issued by the Government only with an object to meet out such exigency where direct recruitment has not been held for some time, the applicant shall be held to be eligible in the next following recruitment if he/she is not overage by more than three years and the exigency referred to CW-15667/10 (3) by the petitioner that further relaxation in age has to be granted for the years during which no recruitment has taken place is of no substance. Indisputably, the petitioner following the amendment notification dt.23.09.08 became overage and is not eligible to participate pursuant to advertisement impugned herein. Apart from it, the selection process pursuant to short term advertisement which has been issued by the respondent is on contract basis for National Rule Medical Health Mission and not for regular substantive vacancy available in the cadre. Taking note thereof, this Court does not find any substance in the instant petition. Consequently, the petition being devoid of merit is hereby dismissed. (Ajay Rastogi),J VS Shekhawat /p.3/ 15667cw10Nov30FnlDsps.doc