Vijay Bishnoi, J. - (1.) BY this petition, the petitioner has challenged the validity of newly added proviso to Rule 14 of the Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998 (hereinafter after referred to as 'the Rules of 1998'). Impugned proviso to Rule 14 of the Rules of 1998 is reproduced hereunder: "the upper age limit mentioned above shall be relaxed in case of direct recruitment to the post of Junior Engineer, Assistant Programme Officer, Computer Instructor (PR), Accounts Assistant, Coordinator Training, Coordinator I.E.C. and Coordinator Supervision by a period equal to service rendered on contract other than through placement agency on the post of Junior Technical Assistant/Senior Technical Assistant, Junior Engineer, Programme Officer, Assistant Programme Officer, Manager SGSY, Programmer, MIS Manager, Lekha Sahayak/Accountant/Assistant Accounts Officer, Coordinator Training, Consultant Training, Coordinator IEC or Coordinator Supervision under MGNREGA, or any scheme of the Department of Rural Development and Panchayati Raj or Junior Engineer working on contract other than through placement agency under any project of the Department of Education in the State, if he/she was not over age at the time of engagement."
(2.) THE petitioner is aggrieved by the condition mentioned in the newly added proviso to Rule 14 of the Rules of 1998, which prescribes that age relaxation in upper age limit will be provided by a period equal to service rendered on contract to those candidates only, who were not over age at the time of their engagement in the schemes mentioned in the provision. After going through the facts mentioned in the writ petition, we find that the challenge of the petitioner to the newly added proviso to Rule 14 of the Rules of 1998 is misplaced as no cause of action arises to the petitioner to challenge the same.
(3.) AS per the facts mentioned in the writ petition, the petitioner was initially appointed on the post of Lab Assistant under the Rajasthan Educational Subordinate Service Rules, 1971 by the District Education Officer, Nagaur on 20.10.1991. In the year 1997, the services of the petitioner were declared surplus along with several other similarly situated persons and he was absorbed on the post of Teacher Gr. III by the order of the District Education Officer, Nagaur.;