JUDGMENT :

Anuroop Singhi, J.

A. The lis

1. The present writ petitions have been filed laying challenge to Rule 6 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (hereinafter referred to as “Rules of 2022”) which prescribes a minimum age of 21 years for hiring persons on contract basis in the State Government and has been invoked for making contractual appointment on the post of Auxiliary Nurse Midwife/Health Worker (Female) (hereinafter referred to as “A.N.M./Health Worker (Female)”), more particularly, considering the fact that Rajasthan Medical Health and Subordinate Service Rules, 1965 (hereinafter referred to as “Rules of 1965”) stipulates a minimum age of 18 years for making regular appointment on the same very post. Thus, it is this distinction made by the State Government (hereinafter referred to as “respondent – State”) in prescribing the minimum age for making appointment on the same post, which has resulted into filing of the present writ petitions.

B. Facts

2. The rival versions portraying the relevant facts, having regard to the identicalness in the challenges, are being recited from the pleadings of D.B. Civil Writ Petition No.1160/2024 titled as Shobha Vs. State of Rajasthan and Ors.

3. The prayers made in the said writ petition reads as under:

“It is, therefore, most humbly and respectfully prayed that the record of the case may kindly be called for and this pe- tition for writ may kindly be allowed and by an appropriate writ, order and directions: -

a) The rule 6 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (Annex.7) with respect to fixing the min- imum age 21 year in place of 18 year may kindly be declared ultra vires to the Constitution of India;

b) the fixing the minimum age of 21 year in place of 18 year for appointment on the post of Auxiliary Nurse Midwife / Health Worker (Female) under the notification dated 11.01.2022 le. Rajasthan Contractual Hiring to Civil Posts Rules, 2022 Annex.7 be declared illegal and unconstitu- tional and accordingly respondent State may kindly be dir- ected to substitute the age of 18 year in place of 21 year in the notification dated 11.01.2022 Annex.7 as well as the advertisement dated 06.07.2023 (Annex.5)/corrigendum advertisement dated 12.01.2024 (Annex.6) forthwith;

c) The petitioner be declared qualified and eligible to parti- cipate in the selection process for the post of Auxiliary Nurse Midwife / Health Worker (Female) pursuant to ad- vertisement dated advertisement 06.07.2023 (Annex.5) and corrigendum dated 12.01.2024 (Annex.6);

d) the respondents may kindly be directed to accept the ap- plication form of the petitioner on hard copy/ off-line against the post of Auxiliary Nurse Midwife /Health Worker (Female) notify vide advertisement (Annex.5) dated and dated 06.07.2023 corrigendum 12.01.2024 advertisement (Annex.6) and consider her candidature for appointment on the post of ANM as per merit with all consequential benefits;

e) Without prejudice to above prayers, the respondents may kindly be directed to issue new advertisement for newly created/ sanctioned posts of Health Worker (Fe- male)/ ANM vide corrigendum advertisement. dated 12.01.2024 (Annex.6) and invite afresh application form from the eligible candidates;

f) any other writ, order, directions as this Hon'ble Court deems just, fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner; AND

g) cost of this writ petition be awarded in favour of the petitioner.”

4. The respondent – Department of Medical, Health and Family Welfare, State of Rajasthan (hereinafter referred to as “respondent – Department”) issued an Advertisement dated 19.05.2023 (Annexure-4) for inviting applications from