Age relaxation is non-cumulative unless expressly provided for in the statutory rules or the recruitment advertisement. If the rules are silent and the advertisement specifies non-cumulative relaxation, the court cannot interpret the law to grant cumulative benefits.

Order

1. These writ petitions are preferred by petitioners with following prayers:

S.B. Civil Writ Petition No. 15810/2023:

“(i) Pass an appropriate, writ order or direction directing that the age relaxation benefit of 5 years for already working Contractual Ayurvedic Chakastaks under NHM Scheme, as provided under condition No. 12 of the advertisement shall be in addition to the other age relaxation benefit conditions as provided in the advertisement no.2/2023.

(ii) Pass an appropriate Writ, Order or Direction, setting aside condition no. 1 of the notes in the Advertisement No.2/2023, whereby the age relaxation benefits have been made as non-cumulative, i.e. only one age relaxation benefit condition shall be available to a Candidate.

(iii) Pass an appropriate Writ, Order or Direction, directing the Respondents to allow the petitioners to participate in the Selection Process for Ayurvedic Chikitsak and appoint the petitioners on the posts of Ayurvedic Chikitsak, if selected in the merit list, pursuant to the advertisement.

(iv) Alternatively, Pass an appropriate Writ, Order or Direction, directing the Respondents to remove / relax the upper age limit criteria of less than 45 years on 1.1.2024 as fixed under the Advertisement for the continuously working Ayurvedic Chikitsaks as Contractual appointees under the National Rural Mission Scheme, appointed through a Public Advertisement.”

S.B. Civil Writ Petition No. 11906/2021:

By issuing an appropriate writ, order or direction quash the final provisional merit list dated 12 October 2021 and provisional merit list 4th of October 2021 in so far as it relates to deleting the name of petitioner from provisional merit list dated 27 October 2021 is concerned be set asides and the petitioner be considered for appointment on the post of Ayurveda Chikitsadhikari in M.B.C. category according to his merit treating him within age against the advertisement dated 22nd of December 2020, with all consequential benefits.

2. Learned counsel appearing on behalf of Smt. Beena Sharma and Sheela Gupta submitted that pursuant to advertisement dated 28.01.2016 issued for recruitment under the NHM on contractual basis, the petitioners have filed application and they were selected wherein upper age limit for selection was 55 years. He further submitted that since then, petitioners are working as Ayurvedic doctors on contractual basis. He further submitted that respondent have issued an advertisement dated 20.04.2023 for regular selection under the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Service Rules, 1973 , (hereinafter referred as "Rule of 1973"), for recruitment of Ayurvedic doctors on 639 posts.

3. He further submitted that petitioners have challenged the certain conditions of the advertisement by filing a writ petition wherein this Hon'ble Court has passed an interim order dated 26.05.2023 whereby the petitioners were allowed to submit their application form and participate in the recruitment process provisionally.

4. He further submitted that the advertisement dated 20.04.2023 was revoked by the respondent and now a new advertisement for selection on 652 posts of Ayurvedic doctors have been issued for inviting applications. He further submitted that the upper age limit for determining eligibility for selection has been fixed as 45 years as on 01.01.2024