- (1.) INSTANT batch of petitions have been filed by the petitioners who as alleged worked at one point of time in the recent past either as Guest Faculty or in the department of Informal Education as 'Anudeshak', etc. and served under the State Government School/State Government Educational Projects but have crossed the upper age limit of 35 years or under proviso (i) to R.15 of the Rules, 2015 and their grievance is that they have served in the State Government Schools/State Government Educational Projects at one point of time or in the recent past and were within age on the date of their initial engagement in the State Government Schools/State Government Educational Projects but now have crossed the upper age limit and are entitled to seek relaxation invoking R.15(x) of the Rules be treated to be within the age limit & to participate in the selection process which has been initiated by the respondents pursuant to the advertisement dt. 21.07.2015.
(2.) WE have taken note of the facts for our consideration from D.B. Civil Writ Petition No. 12304/2015. The writ petitioner had served as 'Anudeshak' in the department of Informal Education w.e.f. 21.10.1995 to 15.03.1999 and discontinued thereafter and indisputably is not serving under the State Government Schools/State Government Educational Projects. The post of Vidhyalay Sahayak is included in Schedule -I appended to the Rajasthan Vidhyalay Sahayak Subordinate Service Rules, 2015 which has been and framed by the State Government in exercise of powers conferred by the proviso to Art. 309 of the Constitution vide Notification dt. 20.07.2015 initiating selection process for direct recruitment for 33689 vacancies of Vidhyalay Sahayak pursuant to the advertisement dt. 21.07.2015.
(3.) COUNSEL for the petitioners submit that the petitioners had served in the State Government School/State Government Educational Projects as Anudeshak in the Department of Informal Education which is also a State Government Educational Project and are eligible to participate in the selection process which the respondents have initiated holding selection for the post of Vidhyalay Sahayak pursuant to advertisement dt. 21.07.2015 and further submit that R.16 of the Rules, 2015 which became selective in holding the candidates of particular projects eligible to participate in the selection process is having no nexus with the object to be achieved is arbitrary & violative of Art.14 of the Constitution of India.;