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2009 Supreme(Raj) 67

MOHAMMAD RAFIQ
Raj Dulari – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Satya Narayan Meena, for Petitioners;
Hemant Gupta, for Respondents

Hon'ble RAFIQ, J.—This writ petition has been filed with the prayer that the respondents be directed to appoint the petitioners against the post of Mahila Supervisor by setting aside appointment of lesser meritorious persons on the post of Mahila Supervisor on 13.5.2002.

2. It was argued by the learned counsel for the petitioners that the petitioners were already working as Aangan Bari Workers with the respondents and therefore they could not be considered age-barred. Besides, the petitioners were being female and were therefore entitled to relaxation of age of 5 years as been provided to them under relevant rules Reliance in this connection has been placed on Rule 14 of the Rajasthan Women and Child Development (State and Subordinate) Services Rules, 1998 and the judgment of co-ordinate bench of this Court rendered in the case titled as Smt. Usha Rani vs. State of Rajasthan (S.B. Civil Writ Petition No. 4469 of 2002) decided on 19.2.2003.

3. Learned counsel for the respondents however opposed the writ petition and submitted that while petitioner No. 1 was 43 years old at the time of selection, petitioners No. 2 and 3 were both 39 years old even if the benefit of first proviso to Rul








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