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2021 Supreme(Raj) 20

SABINA, MANOJ KUMAR VYAS
Prashant Akar – Appellant
Versus
Rajasthan High Court – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Kailash Choudhary, Advocate
For the Respondent:A.K. Sharma, Sr. Advocate and Vishnu Kant Sharma, Advocate

JUDGMENT :

1. Petitioner has filed the petition alleging that he was entitled for relaxation of age by three years for the post of Stenographer Grade-III.

2. Case of the petitioner as per the writ petition, in brief, is that on 18.01.2020 an advertisement for the post of Stenographer-III was issued. Petitioner being eligible for the said post had applied for the post of Stenographer. As per the advertisement, minimum age prescribed on cut-off date, i.e., 01.01.2021 was 18 years and maximum age limit was 40 years. Date of birth of the petitioner was 06.10.1979. Earlier advertisement for the post of Stenographer was issued on 18.02.2017. Hence, the petitioner was entitled for relaxation upto three years in view of the amendment of Rule 9 of Rajasthan District Courts Ministerial Establishment Rules, 1986.

3. Notice of the petition was issued to the respondents. Respondent no. 1 in its written statement has averred that the date of birth of the petitioner was 06.10.1979. Hence, petitioner was not eligible for the post as he was overage. In case, any advertisement had been issued on 01.01.2018 or 01.01.2019, petitioner would not have been eligible because the upper age prior to 27.02.2019

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