Order

04/08/2021 Counsel for the respondents submitted that the issue involved in this writ petition has been considered and decided by the Coordinate Bench of this Court in S.B. Civil Writ Petition No.12608/2018 in the matter of Arvind Singh Charan and Ors. Vs. State of Rajasthan and Ors. wherein on 06.03.2019, the following order was passed:-

“All these petitions agitate a common question of law and therefore, are being disposed by this common judgment, where necessary facts of S.B. Civil Writ Petition No. 20542/2017 – Asha Meena Versus RPSC will be adverted to.

The matter in issue pertains to appointments to the post of College Lecturer in different subjects under the Rajasthan Education Service (Collegiate Branch) Rules, 1986 (hereafter ‘the Rules of 1986’).

Vide advertisement dated

12.1.2015, the respondent RPSC invited applications for appointment to the post of College Lecturers in various subjects under the Rules of 1986. As per condition no. 2 of the advertisement aforesaid, the age of a candidate was required to be minimum 21 years as on 1.7.2015 and maximum 35 years as on the aforesaid date.

All the petitioners admittedly do not reach 21 years as on 1.7.2015. The petitioner Asha Meena, with reference to the facts of whom the issue in these petitions is being addressed, was born on 10.7.1994, and was 9 days short of 21 years as of 1.7.2015. Her’s as also of the other petitioners’ candidature for being considered for appointment to the post of College Lecturer pursuant to the advertisement dated 12.1.2015 and Rule 10 of the Rules of 1986 therefore came to be rejected. Hence these petitions.

Mr. Himanshu Jain appearing for the petitioner Asha Meena submitted that the advertisement dated 12.1.2015 was first amended by way of Corrigendum / Press Note dated 25.2.2015 and the last date for submission of applications was enhanced to 26.3.2015 from the earlier date i.e. 27.3.2015. Further by other Corrigendums / Press Notes, the last date for submission of applications pursuant to the advertisement dated 12.1.2015 was extended upto 31.3.2015. Subsequently by Corrigendum dated 15.10.2015 to the advertisement dated 12.1.2015, the number of posts of College Lecturers in the subject of ABST was enhanced to 45 from 20 posts earlier advertised and the last date for receipt of the applications was extended to 16.11.2015. Mr. Himanshu Jain submitted that the number of posts of College Lecturer (ABST) being substantially enhanced from 20 to 45 vide Corrigendum dated 15.10.2015 moreso in contravention of Rule 16 of the Rules of 1986, it was wholly arbitrary to confine the 21 years minimum age as on 1.7.2015. He submitted that as on 16.11.2015, the extended date for submission of applications, the petitioner had attained more than 21 years of age and therefore ought to have been considered to be eligible treating the minimum age requirement of 21 years as of 1.7.2016 not 1.7.2015. Mr. Himanshu Jain has placed reliance on the judgment of Punjab and Haryana High Court in the case of Harman Preet Singh Wadhwa & Ors. Versus State of Punjab & Ors. reported in 2016 (2) S.C.T. 302 as also in the case of Kavita Rani and Ors. Versus Haryana Staff Selection Commission reported in 2011 LIC 289 in support of his contentions.

Mr. RP Saini and Mr.

Tanveer Ahamad appearing for the petitioners in the connected petitions submitted that the vacancies on the post of College Lecturer in various subjects enhanced by the Corrigendum dated 15.10.2015 were vacancies of the subsequent year, in respect of which the minimum age of 21 years prescribed under Rule 10 of the Rules of 1986 and in the advertisement dated 12.1.2015 as of 1.7.2015, ought to have been of the first of July of the subsequent year i.e. 1.7.2016. They submitted that in the event the minimum age was so reckoned, the petitioners albeit not 21 years of age as on 1.7.2015, had the requisite minimum age requirement as of 1.7.2016 and were therefore eligible to participate in the recruitment process to