Back
ARUN BHANSALI
Mahesh Kumar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Arun Bhansali, J. - This writ petition has been filed by the petitioner seeking a direction that Clause - 6 of the advertisement dated 17/6/2021 for recruitment on the post of Compounder/Nurse Junior Grade to the extent of not granting age relaxation to the specially abled persons be declared illegal, to grant age relaxation upto 10 years to the candidates belonging to General PH category and not to reject the candidature of the petitioner for the post of Compounder/Nurse Junior Grade on account of his being overage and include his name in the provisional merit list in General PH category and be accorded appointment.
2. The respondents issued advertisement dated 17/6/2021 for the post of Compounder/Nurse Junior Grade which inter alia provided reservation for persons with disability to the extent of 40%.
3. Clause - 6 of the advertisement dealing with the 'age' provides the cut off date as 1/1/2022 when the candidate must have attained minimum age of 18 years and must not have completed 40 years of age, however, in terms of the Government notification as the recruitment in the Ayurved Department was not held since the year 2018, further age relaxation to the extent of 02 years
The absence of specific provision for age relaxation for specially abled candidates in the Rules, 2018, at the time of advertisement and application, led to the dismissal of the petitioner's claim fo....
The court affirmed that special age limits for specific categories, like Ex-Servicemen, cannot be combined with general relaxations, maintaining the prescribed upper age of 50 years.
The relaxation of the upper age limit for government jobs is at the discretion of the State/Government and cannot be claimed as a matter of right by candidates of the EWS category.
Where applications are called for prescribing a particular date as last date for filing applications, eligibility of candidates shall have to be judged with reference to that date and that date alone....
The court established that amendments to recruitment rules are prospective and do not affect ongoing selection processes unless explicitly stated.
A candidate from a reserved category must meet unreserved eligibility criteria without claiming age relaxation when applying for unreserved posts unless expressly provided by recruitment rules or adv....
Contractual employees are entitled to age relaxation under the Delhi Municipal Corporation Act, 1957.
Point of law: Schedule III of the Rules of 2010 prescribes specific time schedule for determination and notification of the actual number of existing and expected vacancies in each cadre as also for ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
