NAOLEKAR, J. - (1.) AN advertisement was issued by the Deputy Director of Education, Udaipur, in the year 1979 inviting applications for appointment of second grade teachers in the subject of Commerce. Under the advertisement, the last date for receipt of the application was fixed somewhere in the end on 1979. In response to the advertisement, the petitioner applied through Employment Exchange, Bhilwara. The petitioner was selected and was appointed as second grade teacher initially on temporary basis vide order No. 442-48 w. e. f. 7. 10. 80. The petilioner's appointment was temporary for the period upto 16. 5. 81. While the petitioner was serving as second grade teacher, an advertisement was issued by respondent No. 2 bearing number 5/83-84 on 27. 10. 83 inviting applications for Senior Teachers as well as Junior Teachers. Under the' advertisement, the last date for submission of the application in response to the advertisement was fixed 16. 12. 83. In paragraphs 8 of the advertisement, it is mentioned that the incumbent should have attained the age of 18 years as on 1. 1. 84 and should not have completed 30 years of age on that date. In sub-para (4), it is mentioned that if the incumbent is in service in the department on any post on temporary basis, then in that case if the person was within the age limit at the time of his initial appointment, then he would be deemed to be within the prescribed age limit, notwithstanding the fact that at the time of his appearance before the respondent No. 2, he may have crossed the maximum age limit and that they would be entitled to two chances consecutively. It is the case of the petitioner that he applied in response to this advertisement for the post of Senior Teacher in the subject of Commerce. The petitioner appeared in the examination conducted for the said appointment by respondent No. 3 Rajasthan Public Service Commission. However, by letter dated 20. 7. 84 issued by respondent No. 3, the petitioner's application for appointment was turned down on the ground that he is not a permanent employee of the State of Rajasthan and that he was appointed in the State service after attaining the age of 30 years and, therefore, he is not entitled for any age relaxation.
(2.) ACCORDING to the respondents, the petitioner was initially appointed on temporary basis as second grade teacher on 7. 10. 80 and on that date, he had crossed the age of 30 years. The petitioner was born on 149. 1950 (which is the admitted date of birth) and, therefore, for appointment to the post of Senior Teacher, he was not entitled for any age relaxation and his application for appointment to the 'post of Senior Teacher was rightly turned down by respondent No. 3. In order to resolve the controversy between the parties, certain dates are important. At the time of the. Initial appointment, the cut off date to the second grade teacher for receipt of the application was 1. 1. 80 whereas the petitioner was appointed on 7. 10. 80 and his date of birth is 14. 9. 1950. For the purpose of direct recruitment to the post mentioned is Schedule of the Rajasthan Education Subordinate Service Rules, 1971 (for short 'the Rules') are applicable, rule 10 provides the age, which reads as under : - "10. Age : - A candidate for direct recruitment to a post enumerated in the Schedule must have attained the age of 18 years on the first day of January following the last date fixed for the receipt of application and must not have attained the age of 30 years. Clause (v) of rule 10 which provides for relaxation of the age, which is relevant for our purpose, is as under: - " (v) that the person appointed temporarily to a post in the service shall be deemed to be within the age limit they been within the age limit when they were initially appointed even though they may have crossed the age limit when they appear finally before the Commission and shall be allowed not more than two consecutive chances had they been eligible as such at the time of their initial appointment;- Rule 10 lays down the age of candidate for direct recruitment to the post enumerated in the Schedule, which is, not less than 18 years or more than 30 years on the 1st January following the last date fixed for receipt of applications. Any person less than 18 years of age or more than 30 years of age on the 1st January is not eligible even to apply for the direct recruitment. This is subject to relaxation enumerated under rule 10. Clause (v) of rule 10 provides that if the person is initially appointed temporarily in the service and at the time of his appointment, he was within the age limit prescribed, then he shall be considered for direct recruitment although he has crossed the maximum age limit of 30 years on final appearance. On account of the candidate's previous temporary appointment in the service, he becomes eligible for consideration for direct recruitment, even though he has crossed the age limit fixed under rule 10. It is now well settled that a candidate on making an application for a post pursuant to the advertisement and even after selection, does hot acquire any vested right for appointment, but if he is eligible and is otherwise qualified, he does acquire, only a right for being considered for appointment as and when vacancy arises, as per service rules applicable. Appointment to the post in service has definite connotation in service jurisprudence which is different and distinct than eligibility for consideration for appointment. There may be cases that the candidate is selected and his name is included in the select list for appointment but he may not be" appointed considering the vaeancy available and his position in the select list, or no appointments are made at all from the select list. Therefore, merely because the candidate is eligible to apply or even selected cannot be said to be appointed to the post. The candidate does not have a vested right to be appointed merely because his name appears in the select list. Whereas if the candidate is eligible for consideration to the appointment, he has a right to make an application for recruitment to the post, and his application would be considered taking into consideration the qualifications and the age limit fixed for the purpose of recruitment to the post. The relaxation of age under clause (v) is available only to the person who was temporarily appointed to the post in the service within the age limit prescribed. Clause (v) has ho reference to eligibility at the time of making an application for recruitment to the post. The candidate is required to be within the age limit prescribed under rule 10 on the 1st January following the last date fixed for the receipt of application for making an application but that is not the requirement for the appointment on the post. The age relaxation has a reference to the appointment to the post. The candidate must be within the age limit prescribed when he is appointed to the post. In this case, the petitioner was temporarily appointed to the post on 7. 10. 80 and thus was admittedly more than 30 years of age and was not entitled to claim relaxation under clause (v) of rule 10 of the Rules. The petitioner's application was rightly not entertained by the respondent No. 3. The petitioner has no right to have his application considered after the age of thirty. For the reasons stated above, the writ petition is dismissed. No order as to costs. .;