- (1.) Leave granted.
(2.) In all these appeals the common question which arises for consideration is whether a rule-making Authority can fix a cut off date with reference to the calendar year for determining the maximum age of a candidate who is to be considered for direct recruitment to a service under the State. The petitions and appeals before us deal with different Rules of service in the State of Rajasthan pertaining to various services under the State. Some of the Rules which are under challenge before us are the Rajasthan Medical Services (Collegiate Branch) Rules, 1962. Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959. Rajasthan Class IV Services (Recruitment and other Service Conditions) Rules, 1963, and Rajasthan Educational Subordinate Service Rules, 1971. All these Rules provide that the cut off date for deciding the maximum age prescribed for a candidate for appointment will be the 1st day of January following the date of application. The affected candidates who are before us contend that such a cut off date which is uniformly fixed under all the Service Rules of the State of Rajasthan, is arbitrary or unreasonable and must be struck down.
(3.) For the sake of convenience we are citing Rule 11(1) of the Rajasthan Medical Services (Collegiate Branch) Rules, 1962 which came up for consideration in a writ petition filed by Dr. Rajeev Mathur before the Rajasthan High Court. The Rajasthan High Court held that the portion of Rule 11 which prescribes determination of the maximum age with reference to 1st of January following the last date fixed for receipt of applications, was arbitrary and unreasonable and struck it down. The appeal before us from this judgment and order is Civil Appeal No. 2691/91 which is filed by the candidate who was 2nd in the order of merit for that particular selection. Rule 11(1) provides as follows :- "11(1). A candidate for direct recruitment to a junior post enumerated in Part C of the Schedule must not have attained the age of 35 years on the first day of January following the last date fixed for receipt of applications. ......................................... Provided : (1) That the upper age limit mentioned in sub-rule (1) and (2) above, may be relaxed by 5 years in exceptional cases by Government in consultation with the Commission." The High Court held that the words "the first day of January following" in Rule 11 (1) must be deleted.;