Rajasthan High Court, Jaipur Bench
Honble DR. AR. LAKSHMANAN CJ. & A.K. PARIHAR, J.
Ku. Archana Agarwal - Appellant
Versus
State of Rajasthan & Ors. - Respondents
D.B. Civil Writ Petition No. 4247 of 2001
Decided On : September 12, 2001
(2). The petitioner states that she passed her LL.B. examination in the year 1987 from Agra University and, therefore, enrolled as an Advocate with the Bar Council of Uttar Pradesh on 10.02.1990, and is practicing in District Court Mathura. According to her, she is fully eligible to appear in the RJS Examination, 2001 and she has the requisite experiences of 3 years as a Lawyer for appearing in the RJS examination. It is also her case that in the Advertisement and in the Rajasthan Judicial Service Rules, the age of relaxation of five years has been provided to the SC/ST candidates only, but the age relaxation to the female candidate has not been provided; though, the age relaxation is provided in all other Rules. The age relaxation for RJS examination has been provided to only SC/ST candidates, which is not only violative of Articles 14,16 and 21 of the Constitution of India, but is also against the national policy as the relaxation of reservation has been provided to the female candidates.
(3). The petitioners counsel invited our attention to the Advertisement dated, 01.06.2001, issued by the Rajasthan Public Service Commission for inviting applications for R.J.S. Competitive Examination, 2001. According to the petitioner, in the advertisement, at Item No. 7 (Age), it has been mentioned that on 1.1.2002, the applicant should not have completed 35 years of age and proviso has been given that if due to the age the applicant who was eligible, but no examinations were conducted in that year, then the applicant will be eligible to appear in the next examination. In the bracket, it has been further stated that for the year 2000 examinations were not conducted. Thus, it is submitted that the advertisement issued on 1.6.2001 is liable to be quashed and set aside. With the above averments, the following prayer has been made in the writ petition:
i) To issue appropriate writ, order or direction directing to non-petitioners for quashing the condition at item No. 7 (age) in the advertisement dated, 01.06.2001 (Annex.1) for R.J.S. Competitive Examination, 2001;
ii) to issue appropriate writ, order or direction directing the non-petitioners to provide age relaxation for the year 1999 and 2000 for appearing in R.J.S. competitive Examination, 2001;
iii) to issue appropriate writ, order or direction directing the non-petitioners to provide 5 years age relaxation to the female candidates and direction also may be issued for incorporating the provisions to this effect in R.J.S. Rules;
iv) to issue appropriate writ, order or direction directing to non-petitioners to provide 3 years age relaxation as 3 years practice as an Advocate have been made mandatory.
(4). A reading of the above prayers would only relate to the relaxation of the age to the female candidates and to quash the conditions at Item No. 7 of the Advertisement dated, 1.6.2001 (Annexure-1).
(5). Rule -10 of the Rajasthan Judicial Service Rules, 1955 which deals with the qualifications (part-IV), reads as follows:
``10. Age-A candidate for recruitment to the Service *(must not have attained the age of xx (35 years) on the first day of January next following the date of commencement of the examination by the commission for recruitment to the Service:
Provided:
(i) that barring the first examination to be held under the provisions of these rules, if a candidate would have been entitled in respect of his age to appear at an examination in any year in which no such examination was held, he shall be deemed to be entitled in respect of his age to appear at the next following examination;
**ii) provided further that for the examination to be held under the provisions of these Rules in the year 1962, the upper age-limit shall be 35 years;
iii) that in respect of the first examination to be held under the provisions of these rules the upper age-limit shall be 32 years; and
iv) that the upper age-limit for a candidate of a Scheduled Caste or o
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