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 for age relaxation.

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 was provided. The Clause - 6 thereafter provided age relaxation to the candidates belonging to SC, ST, OBC, MBC, EWS, women, persons in service, departmental employees and those entitled to grant of bonus marks. The Clause did not provide for any further age relaxation for specially abled candidates.

4. The petitioner applied in pursuance to the advertisement inter alia indicating his status as specially abled candidate. However, admittedly, in terms of the advertisement, as on 1/1/2022, he was more than 42 years of age and as such over aged.

5. In the list of candidates, who were called for document verification, the petitioner was called and he appeared for document verification. However, in the provisional merit list for recruitment in the unreserved category, though the petitioner had obtained marks higher than the cut off meant for General PH category, his name did not appear in the list. The petitioner, on objections being called qua the provisional merit list, filed his objection for non-inclusion of his name and prayed that he be granted age relaxation in accordance with Government Rules, however, when nothing transpired, the present writ petition has been filed.

6. Learned counsel for the petitioner made submissions that in terms of the provisions of Rights of Persons with Disabilities Act, 2016 ('the Act, 2016'), the petitioner is entitled to grant of age relaxation upto 10 years, however, no benefit has been extended to the petitioner on account of which he has been ousted from the merit list on the ground of over age, which action on the part of respondents is not justified.

7. Further submissions were made that Section 34(3) of the Act, 2016 provides for grant of age relaxation in upper age limit for employment of persons with benchmark disability and non-grant of such relaxation is, therefore, not justified and consequently, the action of the respondents in this regard deserves to be quashed and name of the petitioner deserves to be included in the provisional merit list.

8. Submissions were also made that respondents have produced the Rajasthan Rights of Persons with Disabilities (Amendment) Rules, 2021 ('the Rules, 2021'), wherein, now Rule 6A has been introduced in the Rajasthan Rights of Persons with Disabilities Rules, 2018 ('the Rules, 2018') providing for age relaxation of 05 years to persons with benchmark disabilities and, therefore, also the petitioner is entitled for the relief.

9. Reliance has been placed on the judgment in State of Kerala & Ors. v. Leesamma Joseph : (2021) 9 SCC 208, Prasanna Kumari E.S. v. The Registrar, Kannur University : (2015) 3 KLT 943.

10. Learned counsel appearing for the University - Recruiting Agency made submissions that the advertisement has been published as per the directions received from the State