- (1.) THE instant intra court appeal has been preferred by the appellant assailing the order of the learned Single Judge dated 3rd October, 2012. The appellant applied for the post of Teacher Gr. III pursuant to the advertisement issued by Zila Parishad, Baran. It is admitted case of the appellant that he was 39 years of age at the time when he submitted his application and participated in the process of selection held pursuant to the advertisement impugned herein. He further submitted that as per the scheme of The Rajasthan Panchayati Raj Rules, 1996 as regards the candidature for direct recruitment one has to attend the age of 18 years and must not attend the age of 35 years and relaxation in age has not been provided to the candidates under the scheme of Rules. But the State Government has shown its generosity in providing relaxation in age of three years for the period during which process of direct recruitment has not been held for certain administrative reasons, however the appellant is still not being covered after taking into consideration the clause incorporated in the advertisement for the purpose of grant of relaxation in age being 39 years of age on the date of advertisement in terms of Rule 265 of the Rules of 1996.
(2.) THE basic bone of contention of the counsel for the appellant is that once the condition is incorporated by the authority in the advertisement granting benefit of relaxation in age with the object that during the period when no process of selection was initiated the benefit of age relaxation should be granted and according to him no selection process was initiated after the year 2006, as such the present appellant is also entitled as regards relaxation in age for 6 years. The submission itself is bereft of merit for the reason that if there is no provision in the Rules of 1996 providing benefit of relaxation in age for the period during which no process of direct recruitment was held then the appellant could not get the benefit of relaxation in age, however still it has been extended by the State Government upto three years in its advertisement may be followed in general for all such applicants who are affected, but if the appellant is still not being covered no further indulgence can be claimed by the appellant seeking relaxation which is not in conformity with the scheme of Rules 1996. The learned Single Judge has examined the matter in detail and we do not find any error or infirmity in the impugned judgment. The intra court appeal fails and is dismissed accordingly.;