OM PRAKASH SHARMA Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2012-4-284
HIGH COURT OF RAJASTHAN
Decided on April 05,2012

OM PRAKASH SHARMA Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) The petitioner has filed this writ petition in relation to the recruitment to the post of Lecturer (School Education) under the Rajasthan Education Service Rules, 1970 ( the Rules ) as notified by the advertisement dated 22.07.2011 (Annex.1).
(2.) The petitioner submits that as per the advertisement, the age of the candidate should be minimum at 21 years and maximum at 35 years as on 01.07.2012; and if a candidate was eligible for any previous year when no vacancy was advertised, he will be considered as eligible with relaxation in age; but this relaxation in age would be granted only for three years, as per the notification dated 23.09.2008. It is submitted that the last vacancy on the post of Lecturer (Commerce) was advertised in the year 2005 and if the age relaxation for five years is provided, the petitioner, presently 39 years of age, would be eligible. It is contended that as per the Rules, the respondents were required to determine the vacancies every year and to hold recruitment every year; and if recruitment was held every year after 2005, the petitioner would have got at least two chances but, for the omission on the part of the respondents to determine the vacancies and to hold recruitment every year, the petitioner is deprived of his right of consideration. It is further submitted that there is no reason or justification for granting upper age relaxation only for three years and not for five years.
(3.) This writ petition, filed on 03.08.2011, is pending for admission yet. On earlier occasions, the matter was considered and was adjourned when the learned counsel for the petitioner sought time to satisfy the Court about the right of the petitioner to claim such age relaxation; and thereafter, when time was sought to amend the petition for challenging the notification issued by the Government for granting age relaxation only upto three years. No application seeking amendment has been moved; and in the totality of circumstances, this Court finds no reason to keep the matter pending any further, particularly when there appears no substance in this writ petition.;


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