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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, BIPIN GUPTA
Secretary, The Rajasthan Subordinate And Ministerial Service Selection Board – Appellant
Versus
Bheem Singh Udawat, S/o. Roop Singh Udawat – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
1. The present D.B. Special Appeal (Writ) has been preferred claiming the following relief:
“It is, therefore, most humbly and respectfully prayed that their D.B. Special Appeal writ petition may kindly be allowed and the impugned order dated 11.10.2022 passed by Hon’ble Singh judge in S.B.C.W.P.No. 13347/2017 (Bheem Singh Udawat V/s State of Rajasthan & Ors.) may kindly be set aside.
Any other appropriate order or relief which their Hon’ble court may deem just and proper in the facts and circumstances of their case may kindly also be passed in favour of the humble appellant.”
2. The brief facts of the case, as emerging from the record, are that the Rajasthan Subordinate and Ministerial Service Selection Board issued an advertisement dated 21.09.2016 for direct recruitment to the post of Librarian Grade-III. The advertisement prescribed the general upper-age limit of 35 years as on 01.01.2017, with a further relaxation of three years in terms of the State Government notification dated 23.09.2008. In respect of certain special categories, including Ex-Servicemen, separate upper-age limits were notified under clause 8 of the advertisement, wherein the
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.
Interpretation of advertisement and clarification to determine entitlement to age relaxation.
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 Government has power to grant relaxation in upper age limit on its own motion or upon getting intimation from any genuine or bona fide source can grant such relaxation subject to the condition th....
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....
One-time relaxation of age limit for recruitment is justified in light of extraordinary circumstances caused by COVID-19, reaffirming judicial intervention to ensure fairness.
The court affirmed that exceptional circumstances may necessitate a one-time relaxation of recruitment age limits to ensure fairness, particularly due to delays caused by the pandemic.
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