JUDGEMENT
JHAVERI J. -
(1.) In all these petitions, the petitioners have approached this Court, praying for the following relief:
DB Civil Writ Petition No.15167/2016 "1. To grant age relaxation 15 years to the post of School Lecturer in terms of advertisement no.5/secondary education 2015-16 issued on 16.10.2015 by respondent RPSC, and to give appointment in the OBC category as per the merit secured by him in subject History with all consequential benefits and the Provisio(i) of Ryule 10 of 1970, (Annexure-6) wherein age relaxation of 15 years for the post of school lecturer, which has not been granted and limiting the relaxation to the post of Headmaster be declared violative of Article 14,16 of the Constitution of India and further be quashed and set aside.
2. Further direction be issued to the respondents for granting the age relaxation to the petitioner of ten years in age under rule 38 of Rajasthan Education Service Rules, 1970 treating his case under the category of exceptional in terms of advertisement no.5/secondary education 2015-16 issued on 16.10.2015.
3. Any other order or direction which this Hon'ble Court deemed fit and proper be passed in favour of the humble petitioner.
4. Cost of the writ petition be quantified to the petitioner."
DB Civil Writ Petition No.18724/2015 "1. by issuing a writ, order or direction or in nature thereof rule 10 of the Rajasthan Education Service Rules,1970 may kindly be declared ultra vires.
2. by issuing a writ, order or direction or in nature thereof the age criteria in the advertisement aforesaid may kindly be computed from 01.04.2016.
3. by issuing a writ, order or direction or in nature thereof the petitioner may kindly be allowed to participate in the selection and if he found suitable, then he may be appointed with all consequential benefits.
4. Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner.
5. Cost of the litigation may also be awarded to the petitioner."
DB Civil Writ Petition No.14888/2016 "1. The impugned proviso (I) of Rule 10 wherein age relaxation of 15 years for the post of School Lecturer has not been granted to the petitioners are the advertisement dt.16.10.2015 as far as consideration of age limit is concerned may kindly be declared illegal and arbitrary being violative of Article 14 and 16 of the Constitution of India and therefore same may kindly be quashed and set aside in the interest of justice.
2. The respondents by appropriate writ, order or direction in the nature thereof may kindly be directed to;
a. to grant 15 years Age relaxation to the petitioners in the upper age limit being members of Rajasthan Education Subordinate Service.
b. to give appointment to the petitioners on the post of School Lecturer (respective subject) by treating them within age for the advertisement dated 16.10.2015 as they (5 of 9 ) [CW-15167/2016] are in merit. The subject wise details of the petitioners provided as under:-
Pet No. Petitioner Name Subject
1. Girdhari Lal Gaur Pol. Sc.
2. Mahavir Singh Kishnawat History
3. Dilip Singh Gadan History Data Ram Hindi c. Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly also be passed in favour of the petitioners."
DB Civil Writ Petition No.15934/2016 "1. The impugned provisions contained under the Rajasthan Education Service Rules of 1970 and prescription of the condition of the age in the advertisement dated 16.10.2015 may be declared ultra- virus being violative of Article 14 and 16 of the Constitution of India and accordingly and relaxation to the extent of 15 years in the age limit may be ordered to be granted to the petitioner, who is a member of Rajasthan Education Subordinate Service or serving with the affairs of State Govt. of Zila Parishad etc; the petitioner may be held entitled for appointment on the post of Lecturer School Education Subject Hindi in the interest of justice.
2 Any other order or direction which this Hon'ble Court deem just and proper may also be passed in favour of the petitioner.
3. Cost of the writ petition may also be awarded in favour of the petitioner."
(2.) We have heard Mr. Ashok Gaur, Senior Counsel with Mr. Ajay Choudhary, Dr. Saugath Roy, Mr. Vigyan Shah and Mr. Iliyash Khan on behalf of Mr. Tanveer Ahamad.
(3.) The main contention of all the petitioners is regarding age relaxation.;
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