Judgment

1. The petitioner has filed this writ petition with following prayers:

“It is, therefore, respectfully prayed that this writ petition may kindly be allowed by calling records of the case and by an appropriate writ, order or direction:-

(a) Direct the respondents to grant the petitioner the benefit of age relaxation as provided under the notification dated 22.12.2020 Annex 6 and Rule 18-A of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988, and to consider the petitioner’s candidature for selection accordingly.

(b) Quash and set aside the action of the respondent authorities in denying the benefit of age relaxation to the petitioner for the post of Junior Instructor (Mechanical Motor Vehicle) under the advertisement dated 11.03.2024, as being arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India;

(c) Further direct the respondents to withhold or keep in abeyance the ongoing counselling process to the extent it affects the petitioner’s claim, and thereafter, permit the petitioner to participate in the same upon extension of the lawful benefit of age relaxation;

(d) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”

2. It is submitted by learned counsel for the petitioner that after rendering services of 28 years in Indian Army, the petitioner retired with effect from 28.02.2022 and holds a certificate issued by the competent authority entitling the petitioner to get benefit/reservation of ex-serviceman wherever applicable. It is submitted that the respondent-Rajasthan Staff Selection Board issued Advertisement dated 11.03.2024 inviting applications from eligible candidates for recruitment to the post of Junior Instructor (Mechanical Motor Vehicle). It is submitted that in the aforesaid selection process, vacancies have also been reserved for ex-servicemen candidates. As per the advertisement, for the purpose of eligibility, a candidate is required to possess academic qualification as specified in the advertisement as well as experience in the trade concerned either in Industry or in a Government Department on a technical post or on a teaching post in a recognised teaching/training institution after acquiring the requisite qualifications. It is submitted that Clause 8 of the advertisement deals with the eligibility relating to permissible age of the candidates who were aspirants for participating in the recruitment process. It was specified that for reservists in defence services as well as ex-servicemen, the maximum age limit was 50 years. However, relaxation admissible as per notification dated 22.12.2020 issued by the Department of Personnel was also applicable.

3. Learned counsel for the petitioner emphasised that vide notification dated 22.12.2020, an amendment has been made in the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 (hereinafter to be referred as ‘the Rules of 1988’) and a new proviso below sub-clause (c) of clause (ii) of Rule 18A of the Rules of 1988 has been inserted.

4. Learned counsel for the petitioner submits that in view of the aforesaid amendment incorporated vide notification dated 22.12.2022, the maximum permissible age limit was 55 years. Since on the relevant date for calculation of age, the petitioner although exceeded age of 50 years, but had yet to attain age of 55 years, he was eligible for participating in the recruitment process. However, candidature of the petitioner has wrongly been rejected by the respondents by treating him overage.

5. Reply to writ petition has been filed by the respondents categorically denying the facts stated in the writ petition with regard to applicability of relaxation clause in the case of the petitioner. It is submitted that the respondents have committed no mistake in treating the petitioner to be overaged as the petitioner