- (1.) We have heard learned counsel appearing for the petitioners and learned Additional Advocate General appearing for the State-respondents.
(2.) By these writ petitions, filed by various categories of employees working in various capacities in the National Rural Health Mission (for short, 'NRHM'), with a prayer to declare the Rule 10 of the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short, 'Rules of 1965') as illegal and arbitrary and as violative of Articles 14, 16 & 21 of the Constitution of India, as it does not extend the relaxation in upper age limit upto 45 years to the persons, employed in the NRHM, and confining the maximum age relaxation to the persons employed in NRHM upto the period, they have worked in NRHM, with the maximum age relaxation upto 5 years.
(3.) It is submitted that the NRHM is a State funded and State supervised Scheme. The petitioners were appointed on contract basis in pursuance to the advertisement, by a selection committee consisting of the State functionaries. They have rendered services as State Government employees, and thus, the discrimination, in providing age relaxation only to the extent, to which they have worked under the Scheme, subject to maximum of 5 years, is discriminatory as against the maximum age of 45 years allowed for the persons appointed in the affairs of the State Government, on substantive basis.;