- (1.) Petitioner is one who applied for the post of Teacher Gr III pursuant to the advertisement issued by Zila Parishad. This writ petition has been filed as the petitioner is found to be over age for appointment.
(2.) It is submitted that petitioner should not have been held over age, rather, he should have been extended benefit of age relaxation as previously selection was held in the year 2006. If the selection would have been held in the year 2007, petitioner was within age. He could not get an opportunity to appear in the selection only on the ground of delay in making appointment though rule requires selection to be conducted every year.
(3.) It is further contended that the advertisement provides three years relaxation in age if selection is not conducted in previous three years though rule does not postulates such relaxation under the Rajasthan Panchayati Raj Act and the Rules. In the background aforesaid, relaxation in age should be to the candidate who was eligible in the year in which selection was not conducted. If the petitioner's candidature is considered against the vacancy in which selection was not conducted, he would be within age limit. Reference of the judgment in the case of "Malik Mazhar Sultan & anr versus UP Public Service Commission & ors, 2006 9 SCC 507" is given.;