Narendra Kumar JAIN,J - (1.) HEARD learned counsel for the petitioner.
(2.) THE petitioner has preferred this writ petition with a prayer that respondents be directed to consider the candidature of the petitioner for the post of Civil Judge (Junior Division) and Judicial Magistrate advertised by Rajasthan Public Service Commission, Ajmer vide its advertisement dated 22nd July, 2011 treating him within age limit. The petitioner, in his writ petition, has averred that no advertisement was issued for the post of Munsiff and Judicial Magistrate in the years 2009 and 2010 by the respondents and in case, his age is counted as on 1st January, 2009 and 1st January, 2010, then he would have been within age limit, therefore, action of the respondents in debarring the petitioner from being participated in the selection process on the ground of overage is illegal.
(3.) THE petitioner has referred proviso (iv) of Rule 17 of the Rajasthan Judicial Service Rules, 2010, which reads as under :- "If a candidate would have been entitled in respect of his/her age to appear at the examination in any year in which no such examination was held, he/she shall be deemed to be entitled in respect of his/her age to appear at the next following examination ". ;