1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4037/95 Bhanwar Lal Solanki (Dhanchi) vs. State & Ors. Date of order : 2/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Kinshuk Jain for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed by the petitioner in the year 1995 challenging the validity of column no.8 of item no.6 of Section-III, to the Schedule appended to Rajasthan Agriculture Subordinate Service Rules, 1978 provided maximum age limit of 33 years for appointment on the post of Junior Engineer with the prayer that the earlier entry existing in that place which provided 35 years as the maximum age should be directed to be restored and the petitioner should be considered for appointment on the post of Junior Engineer with effect from 27.6.1995 with consequential benefits. The writ petition was filed at a time when the petitioner was considered over age for appointment on the post of Junior Engineer in the selection that was made in 2 1995. The matter has remained pending for almost 14 years before this Court. At this distance of time, examining the constitutional validity of the aforesaid provision would be an academic exercise but in any case what should be the upper age limit for appointment on a particular post has to be determined by the rule making authority and when the respondents at that time by taking conscious decision sought to fix 33 years as the upper age limit, which is in conformity with the various other service rules, no fault therewith can be found. The rule therefore does not suffer from any legal infirmity, nor can the competence of the respondents in prescribing such a age limit, in the relevant rules can be questioned. I therefore do not find any merit in this writ petition. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/