Munishwar Nath Bhandari, J. - (1.) THE matter pertains to Sub Inspector. The selections to the posts were held pursuant to advertisement dt. 5.11.2001, the controversy raised in the present mater pertains to Rule 11 of the Rajasthan Police Sub -ordinate Service Rules, 1989 in short 'The Rules of 1989'. Learned counsel for the petitioner submits that Rule 11(a) and (b) provides minimum and maximum age for different posts. Proviso to the Rule grant relaxation to various categories. The case of petitioner falls in two categories of the proviso. Thus, he is entitled to relaxation in age in both the categories. For illustration, the candidate can be a Scheduled Caste Candidate and also an Ex -serviceman. In other cases, the reserved category candidate and Government Servant, accordingly, a candidate is entitled for relaxation in both the categories. The respondents have denied it ignoring the mandate to Rule 11 of the Rules of 1989.
(2.) LEARNED counsel appearing on behalf of the respondents submits that main Rule 11 provides for age in general and relaxation has been given in proviso. The candidates have been allowed benefit of relaxation for the category they mentioned in the application form. Therein one has not indicated reference of two categories. Even if two categories have been mentioned, the proviso does not give liberty to seek double benefit. Accordingly, petitioner is not entitled to the benefit of age relaxation as prayed for. I have considered the rival submissions made by the learned Counsel for the parties. Since, reference of Rule 11 of the Rules of 1989 has been given. It would be gainful to quote the aforesaid rule as was existing at the time of selections. The Rule was amended in the month of November, 2001 and given effect from 4.5.2001. One should be within the age limit given under Rule 11 of the Rules of 1989. The proviso to it gives certain relaxation, however, it does not show that one would be entitled for relaxation twice, if he falls in two categories. The denial of benefits of age relaxation under two proviso seems to be logical in as much as a female candidate belonging to SC is entitled to 10 years relaxation and if belonging to State Government employee and dependent of deceased Police Officer then getting further relaxation will enhance the benefit of relaxation. Rule 11 of the Rules is quoted hereunder: 11 Age. - -A candidate for direct recruitment to the services must have attained - (a) for the post of Sub -inspector/ Platoon Commander, the age of 20 years and must not have attained the age of 25 years, on 1st January next following the last date fixed for receipt of applications. (b) for the post of Constables, the age of 18 years and must not have attained the age of 23 years on 1st day of January next following the last date fixed for receipt of applications. However the upper age -limit for Constable (Driver) shall be 26 years. Provided that: - (1) The upper age limit shall be relaxed by: (a) 5 years in case of male candidates belonging to Scheduled Castes/Scheduled Tribes and women candidates belonging to General caste, (b) 10 years in case of women candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes, (c) 3 years in case of the candidates belonging to State Government employees and the dependents of deceased Police Officer/officials killed in the discharge of their duties. (2) The upper age limit mentioned above shall be 42 years in the case of Ex -Service Personnel and the Reservists, namely the service personnel who are transferred to the Reserve. (3) However the upper age limit mentioned above may be relaxed by three years in exceptional cases by appointing authority, after previous approval of Government. (4) That the released Emergency Commissioned Officers and Short Service commissioned Officers after release from the army, shall be deemed to be within the age limit, when they appear before the commission, had they been eligible as such at the time of their joining the commission in the army. (5) In case of Other Backward Classes (OBC) candidates upper mentioned, upper age -limit shall be relaxed by 5 years. (6) Those who have crossed the upper age limit after 1.1.99 shall be eligible further for recruitment in Government Service of two years i.e. from 24.5.2004 to 23.5.2006.
(3.) THE perusal of the Rule quoted above, shows upper age limit for Ex -serviceman is 42 years and if she is a female candidate of SC category then further relations of 10 years is provided, meaning thereby a candidate would be eligible for appointment even at the advance age if falling in aforesaid two categories. The rule of 1989 and amended rule has been quoted to see whether relief claimed is logical in all circumstances. If the interpretation aforesaid is given then it will virtually frustrate the maximum age limit given under Rules of 1989. Considering the aforesaid and to give harmonious interpretation to Rule 11, I am of the opinion, that a candidate would be entitled for relaxation, if falling in any of the category given in the proviso and if he is falling in two categories and is indicated in the application form then would be entitled to the relaxation of one category more favourable to him.;