Honble LAKSHMANAN, CJ.–The prayer in the writ petition reads thus:-

i) the respondent be directed to accept the application form of the petitioner for recruitment to Rajasthan Judicial Services and to allow her to appear in the Rajasthan Judicial Service Competetive Examination-2001 being conducted by Rajasthan Public Service Commission, Ajmer irrespective of the fact that petitioner will cross the age of 35 years on 1.1.2002;

ii) the respondent be directed to suitably amend the Rajasthan Judicial Service Rules, 1955 so as to make the Notification No.F.7(2) DOP/A-II/84 G.S.R. 40 dated 18.12.87 issued by the Governor of Rajasthan in exercise of its powers under Article 309 providing for age relaxation of widow and divorced women;

iii) the respondent be directed to amend the Rajasthan Judicial Service Rules, 1955 so as to provide age relaxation of 5 years in case of women candidates;

iv) such other order as your lordship deem proper may also be passed in favour of the petitioner.

(2). The petitioner is a divorcee whose marriage was dissolved under Sec. 13 of the Hindu Marriage Act by the Judge, Family Court, Jaipur on 14.7.97. The petitioner was born on 12.5.1964, in proof of it, the petitioner has filed the marks sheet of Secondary School Examination as Annexure-1. The petitioner was enrolled as an advocate on 26.2.95 on the Rolls of the Bar Council of Rajasthan. Her enrolment number as an Advocate is 18312/95 on the rolls of the Bar Council of Rajasthan.

(3). That the Rajasthan Public Service Commission, Ajmer (for short the RPSC) issued an advertisement inviting applications for appointment on the post of Munsif & Judicial Magistrate on 17.5.2001. According to the advertisement there were following vacant posts which are required to be fill in by the RPSC by examination and interview:

Total Noof Posts116 General posts Reserved Posts

S.C. S.T. O.B.C.

M F M F M F M F

48 11 15 4 11 3 19 5

(4). The advertisement provides for qualification and age limits. According to the qualification any candidate who has obtained a recognised degree of law and has practiced as an advocate for three years to qualify to apply for the post of Munsif and Judicial Magistrate. With regard to the age it was provided that the candidate must have not attained the age of 35 years on 1.1.2002. It is provided that there will be age relaxation of five years for the candidates belonging to SC/ST. There were also certain relaxation of age for certain categories of candidates. A photo copy of the advertisement dated 17.5.2001 has also been submitted and marked as Annexure-3. This advertisement has been issued under the Rajasthan Judicial Service Rules, 1955 (hereinafter referred to as `the RJS Rules). Rule 10 of the RJS Rules, which provides for age, reads as under:-

``10. Age:- A candidate for recruitment to the service must not have attained the age of 35 years on the first day of January next following the date of commencement of 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 of a Scheduled Tribe shall be deemed to have been raised by five years;

(v) that the upper age-limit for the reservists, namely the defence service personnel transferred to the reserve, shall be 50 years;

(vi) that the upper age-limit for the political sufferer shall be 40 years till the 31.12.1964

Exp

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