JUDGMENT :

1. Anand Kanwar, respondent in the appeal herein, applied for the post of Senior Teacher in response to an advertisement by the Rajasthan Government in the year 1989. She was over-age having crossed the age of 40. She appeared in the preliminary examination conducted by the Rajasthan Public Service Commission (the Commission), but at the time of viva voce test, she was told that being overaged, she was not eligible to be considered for the post. Her candidature was, thus, cancelled. She challenged the same by way of a writ petition before the Rajasthan High Court. A Division Bench of the High Court allowed the writ petition and directed the Commission to permit her to compete in the selection. It is not disputed that she has been selected in the process. and has also been given appointment under the directions of the High Court. This Court while issuing notice in the special leave petition, permitted the respondent to continue subject to the final decision by this Court.

2. It was not disputed before the High Court that prior to 1988, recruitment to the cadre of Assistant Teachers was made only in the year 1983. Recruitment to the said cadre is by way of direct recruitment