- (1.) BY this writ petition, the petitioner had prayed for a direction to quash the order dated 04.12.2009, passed by the Rajasthan Public Service Commission, Ajmer (RPSC), by which his candidature for the Rajasthan Judicial Service Competitive Examination, 2008, advertised by the RPSC on 27.08.2008, was rejected as he was found overage.
(2.) BY an interim order dated 20.01.2010, the RPSC was directed to interview the petitioner along with other candidates for the post of RJS, with the condition that the result will not be declared without permission of the Court.
(3.) THE candidature of the petitioner was rejected on the ground that he had completed 40 years, 6 months and 26 days as on 01.01.2008, with relaxation, of five years to him as a Scheduled Tribe candidate. He could have appeared in the examination, if he had not completed 40 years of age, with relaxation, upto 01.01.2008, and thus, he was not eligible to appear in the examination. It is submitted that Rule 10 of the Rajasthan Judicial Service Rules, 1955 (for short, 'the Rules'), have now been substituted by the Rajasthan Judicial Service Rule, 2010, providing for the age of the candidates for recruitment to the service, quoted as below: - "10. Age. - A candidate for recruitment to the Service must not have attained the age of [35] years on the first day of January next following the date of commencement of the examination by the Commission for recruitment to the service: Provided. - (i) that barring the first examination to be held under the provisions of these rules, if a candidate would have been entitled in respect of his age to appear at an examination in any year in which no such examination was held, he shall be deemed to be entitled in respect of his age to appear at the next following examination: (ii) provided further that for the examination to be held under the provisions of these Rules in the year 1962 [and 1964], the upper age limit shall be 35 years;] (iii) that in respect of the first examination to be held under the provisions of these rules the upper age -limit shall be 32 years; and (iv) that the upper age -limit for a candidate of a Schedule Caste, or of a Schedule Tribe shall be deemed to have been raised by [five years;] (v) that the upper age -limit for the reservists, namely the defence service personnel transferred to the reserve, shall be 50 years.] (vi) that the upper age -limit for the political sufferer shall be 40 years till the 31st December, 1964.] Explanation. - The expression 'political sufferer' for the purpose of this rule shall have the meaning to it under clause (iii) of rule 2 of the Rajasthan Political Sufferers Aid Rules, 1959, published in part IV(c) of Rajasthan Gazette, dated 18 June, 1959; (vii) "That the upper age -limit mentioned above shall be relaxable by a period equal to the service rendered in the N.C.C. in the case of Cadet Instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age -limit."] (viii) Provided further that any candidate who is released Commissioned Officer as defined in clause(e) of sub -rule(1) of rule 3 of the Rajasthan Civil Services (Recruitment of Released Emergency Commissioned and Short Service Commissioned Officers) Rules, 1968, and who had not attained the age of 32 years when he was recruited in the Armed force of the Union shall be eligible to appear in the examination to be held under the provisions of these rules in the year 1970, 1971 and 1972 if he fulfills the qualification laid down in rule 11]. (ix) Notwithstanding anything contained contrary in these rules, in the case of persons serving in connection with the affairs of the State in substantive capacity, the upper age limit shall be 40 years.]" ;