- (1.) IN all these three writ petitions, a common question of law is involved and, therefore, they are being disposed of by this common order.
(2.) PETITIONER Prakash Chand Bansal has filed this writ petition in the form of public interest litigation. He is a freedom figther and Journalist. He has approached this court against the alleged ireqularrities committed by the respondents in the matter of selection for the post of Constable in the Police Department of the Government of Rajasthan. Rakesh Kumar Sharma who possesses the qualification of Higher Secondary, has challenged the action of non consideration of his case of appointment of the post of Constable on the ground of his being over age. He has challenged the vires of Rule 11 of the Rajasthan Police Subordinate Service Rule, 1989 (hereinafter referred to as 1989 Rules ). Dharamveer Singh and some other addressed letters to this court against the reaction of their candidatures on the ground of over age. Their letters were ordered to be registered as writ petition under Article 226 of the Constituting of India. Thereafter, notices were issued by this court. On 26. 7. 1990, the court directed Shri Ashok Kaur, advocate to appear and argue the case on behalf of the petitioner in this case. The petitioners case is the vide Notification dated 21. 12. 1988, the Director General of Police has issued an advertisement, for filling up the posts of Constables, Civil Police R. A. C. for different districts and units. This advertisement was issued in terms of the provisions contained in the Rajasthan Police Subordinate Service Rules, 1974 (hereinafter referred to as '1974 Rules' ). The applications were to be received by 13. 01. 1989 and selections were scheduled to be held at different places between 20. 01. 1989 to 19. 02. 1989. So far as the age is concerned, it was laid down that the candidates must have attained the age of 18 years as on 1. 1. 1990 and must not have completed 25 years as 1. 1. 1990. This selection was however kept in abeyance by another Notification dated 27. 12. 89 by the Director General of Police in contemplation of framing of the new rules. The Rajasthan Police Subordinate Service Rules, 1989, were promulgated and notified in the Rajasthan Gazette dated 14. 8. 1989. A new advertisement was thereafter issued on 1918. 1989 by the D. I. G. Police for the post of Constable in the Rajasthan Police/r. A. C. ?mewar Bheel Corps Kherwada and Wireless Services. In this advertisement, it was specified that the candidates must have attained the age of 18 years and must not have completed the age of 21 years as on 1. 1. 1990, with a provision for relaxation of five years in favour of the candidates belonging to SC/st candidates as well as women candidates and 3 years for Government employees and the dependents of the Police employees who had died while on duty. For Ex-service men, the maximum age limit was 40 years. The applications were to be submitted on 4. 9. 1989 itself and selections were scheduled between 7. 09. 89 to 27. 09. 1989 for different districts. The petitioners have submitted that they were qualification to appears in the selection to be made in pursuance of the advertisement dated 21. 12. 1988 but have been deprived of their eligibility in view of the reduction of upper age limit under 1989 Rules. According to the petitioners, over 1500 vacancies had been advertised on 21. 12. 1988. These vacancies were also included in the advertisement issued on 19. 8. 1989. However, those candidates who were eligible with reference to age under the first advertisement, were declared ineligible because of reduction in the upper age limit, i. e. , those who were eligible under the 1974 Rules were rendered ineligible under 1989 Rules.
(3.) NOTICES of these writ petitions were issued to the respondents calling upon them to show cause as to why the writ petitions should not be disposed of. In response to the notices given by this court, replies have been filed by the respondents. In para 4 of the reply filed in Prem Chand's case, the respondents have dated that initial advertisement Exhibit-1 was issued for recruit ment of the Constables on various Districts of Rajasthan and the last date as notified was postponed because of the amendment in the Rules. In Para 5, it has been stated that the Notification dated 19. 8. 1989 was issued for inviting applications as per the revised rules, under which the appier age limit had been reduced from 25 years to 21 years. According to the respondents, the Government if competent to change the eligibility of the candidates. The age limit was reduced on the basis of National Police Commission Report and the Report of the Committee of the Police Training, The respondents have in extension referred to these reports in their replies. It has been asserted that there has been no violation of the provisions of Articles 14 and 16 of the Constitution of India. As far as fixation of one date for submission of forms is concerned, the respondents have stated that in order to avoid multiplicity of applications by same applicant this was done. Similar replies have been filed in two other cases. We have heard Shri S. R. Surana and Shri Ashok Gaur, learned counsels for the petitioners and Shri M. I. Khan, learned Additional Advocate General as well as Shri N. L. Pareek, Additional Government Advocate. ;