- (1.) This writ petition has been filed with the following prayers:--- "1. The impugned amendment in rule 10 under notification dated 06.02.2013 may be declared ultra vires and may be quashed and set aside. 2. The impugned condition No. 7 (special provision regarding age relaxation) of the advertisement dated 10.7.2013 confining the relaxation in upper age limit only to the extent of 5 years may kindly be quashed and set aside and accordingly, the humble petitioner may be granted relaxation in the upper age limit to the extent of tenure/period of service rendered by him and eventually he may be considered as eligible for participation in the selection process in pursuance to the advertisement dated 10.7.2013 for the post of Accounts Assistant in the interest of justice. 3. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner." The petitioner was engaged as Junior Accountant on contract basis, in State Institute of Health & Family Welfare. His services came to an end in the year 2001.
(2.) In the advertisement dated 10.7.2013 for recruitment, the age relaxation upto the age of 45 years, has been provided to only those eligible persons, who are working in the affairs of the State Government, on substantive basis. Further relaxation has been provided to different categories, and those, who have been working under the State Government, National Rural Health Mission and Medical Relief Society, for the period, that they have worked on a similar post, subject to a maximum of five years.
(3.) Learned counsel appearing for the petitioner has relied on Rule 10(v) of the Rajasthan Medical & Health Subordinate Service Rules, 1965, which provides that the persons appointed temporarily to a post in the Service, shall be deemed to be within the age limit, had they been within the age limit, when they were initially appointed, even though they have crossed the age limit, when they appeared finally before the Commission and shall be allowed upto two chances, had they been eligible as such, at the time of their initial appointment.;