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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
| Table of Content |
|---|
| 1. final ruling and dismissal of previous judgment. (Para 1) |
| 2. eligibility based on age limit criteria. (Para 2) |
| 3. arguments against cumulative age relaxation. (Para 3) |
| 4. court's interpretation of age relaxation rules. (Para 6 , 7) |
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 furthe
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.
The relaxation of the upper age limit for government jobs is at the discretion of the State/Government and cannot be claimed as a matter of right by candidates of the EWS category.
The court established that amendments to recruitment rules are prospective and do not affect ongoing selection processes unless explicitly stated.
Point of law: Schedule III of the Rules of 2010 prescribes specific time schedule for determination and notification of the actual number of existing and expected vacancies in each cadre as also for ....
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....
Cumulative age relaxation is impermissible under the Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Service Rules, as each relaxation operates independently without aggregation unless expres....
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....
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