PARIHAR, J. - (1.) THE petitioner applied for Rajasthan State Subordinate Services Combined Competitive Examination 2003. THE petitioner was allowed to appear in the written examination as also the interview and as per the merit fixed, the select list has already been sent to the State Government by the Rajasthan Public Service Commission. THE petitioner has been treated as a general candidate giving benefit of age relaxation as State Government Employee whereas the petitioner is claiming his candidature to be considered under the Non-Gazetted Employees Quota mainly on the ground that since general age relaxation has been given to all other categories, the candidates belonging to Non-Gazetted Employees should have also been given the same relaxation of three years.
(2.) THERE is no dispute that for the above competitive examination, the cut off date has been fixed as 1. 1. 2004 for determining the age. The examinations are held by the Rajasthan Public Service Commission under the Rajasthan State and Subordinate Services (Direct Recruitment By Combined Competitive Examination) Rules, 1999. Seven percent reservation for Non- Gazetted Employees has been provided under Rule 4 of the above Rules, which is quoted here as under:-      " 4. Combined Competitive Examination for State and Subordinate Services:- (1) Notwithstanding anything contained in any rule governing direct recruitment through the agency of the Commission to the posts in State and Subordinate Services mentioned respectively in Schedule I and Schedule II, direct recruitment to such posts shall be made by a Combined Competitive Examination to be conducted by the Commission in accordance with these Rules. Provided that 7% of the available vacancies in the State Services to be filled in by direct recruitment shall be reserved for candidates, who are non-gazetted employees of the Government, Panchayat Samitis and Zila Parishads. The above reservation shall be determined in accordance with the roster prescribed by the Government. (2) In order to be eligible to compete at the Combined Competitive Examination, an employee referred to in sub-rule (1), must satisfy the following conditions, namely:- (i) Educational Qualification:- As prescribed in rule 12 of these Rules. (ii) Age :- He must have attained the age of 25 years and must not have attained the age of 40 years on the 1`st day of January next following the last date fixed for receipt of applications. (iii) Experience :- He must have completed not less than five years of service whether officiating or substantive, on the 1st day of January next following the last date fixed for receipt of applications. (3) In filling the vacancies so reserved, the candidates who are "non-gazetted employees" shall be eligible for appointment in the order in which their names appear in the list irrespective of their relative marks as compared with other candidates. (4) If a sufficient number of candidates who are non- gazetted employees is not available for filling all the vacancies so reserved, the remaining vacancies shall be filled by appointing other candidates in the list. " The provision in regard to age for appearing in the above examination has been made under Rule 13 of the above Rules, which is quoted hereas under:-      " 13 Age :- Notwithstanding anything contained regarding age limit in any of the Service Rules governing direct recruitment through the agency of the Commission to the posts in the State Services and in the Subordinate Services mentioned in Schedule I and in Schedule II respectively, a candidate for direct recruitment to the posts to be filled in by Combined Competitive Examination conducted by the Commission under these Rules must have attained the age of 21 years and must not have attained the age of 33 years on the first day of January next following the last date fixed for receipt of applications: Provided that:- (1) The upper age limit mentioned above shall be relaxed by 5 years in the case of woman candidates and the candidates belonging to the Scheduled Castes and the Scheduled Tribes of Rajasthan; (2) the upper age limit mentioned above shall not apply in the case of an ex-prisoner who had served under Government on a substantive basis on any post before conviction and was eligible for appointment under the rules; (3) the upper age limit mentioned above shall be relaxed by a period equal to the term of imprisonment served in the case of an ex-prisoner who was not over age before his conviction and was eligible for appointment under the rules; (4) 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 Instructor 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; (5) the upper age limit for the reservist; namely the defence personnel transferred to the reserve and the exservice personnel shall be 50 years; (6) the upper age limit for persons serving in connection with the affairs of the State in substantive capacity shall be 40 years. (7) the Released Emergency Commissioned Officers and Short Service Commissioned Officers after release from the Army shall be deemed to be within the age limit even though they have crossed the age limit when they appear before the Commission had they been eligible as such at the time of their joining the Commission in the Army; (8) If a candidate would have been entitled in respect of his/her age to appear at the examination in the year in which no such examination was held, he/she shall be deemed to be entitled in respect of his/her age to appear at the next following examination. (9) there shall be no age limit in the case of widows and divorced women; Explanation : In the case of widow, she will have to furnish a certificate of death of her husband from the competent authority and in case of divorce she will have to furnish the proof of divorce. (10) the upper age limit for persons serving in connection with the affairs of Panchayat Samities and Zila Parishads in substantive capacity shall be 40 years. (11) the upper age limit for the candidate belonging to other Backward Classes shall be 35; and (12) the upper age limit for persons serving in State Public Sector Undertaking/corporation in substantive capacity shall be 40 years. " A bare reading of the aforesaid provisions would show that an special category of Non-Governmental Employees has been created under Rule 4 only for which seven percent reservation has been provided for the above category. No mention whatsoever has been made under Rule 13, as referred above so far as this particular category of Non-Gazetted Employees is concerned. Since under the Rules itself, the Non-Gazetted Employees have been treated as an special category, further reservation as provided under Rule 13, cannot be granted to the candidates belonging to such category. Under the circumstances, I find no illegality in the decision taken by the respondent commission treating the petitioner as general candidate and forwarding his name accordingly. The writ petition is dismissed according .;