V.K. Singhal , J. - (1.) All these writ petitions are being disposed of by this common order since the common question is involved in all of them relating to the age of teachers appointed in Panchayat Samitis/Zila Parishads. For the purpose of disposal of these cases the facts of the case of Fateh Chand Sharma v. State of Rajasthan and another, S.B. Civil Writ petition No. 5965/94 shall be taken up.
(2.) An advertisement was issued for the post of Lecturers in School education. The petitioner was not called for interview. He was appointed as Teacher Gr. III in the Government school under Panchayat Samitis/Zila Parishads. Under rule 10 of the Rajasthan Educational Service Rules, 1970 under which the advertisement was issued the minimum age was 24 years and maximum age was 33 years. Under the provision to the said rule relaxation has been. given. Under the Rajasthan Educational Service Rules, 1970 and Rajasthan Educational Subordinate Service Rules, 1971, the provision with regard to age is similar. Under with proviso to the aforesaid rule it is mentioned that notwithstanding anything contained contrary in the Rules in the case of persons serving in connection with the affairs of the State in substantive capacity, the upper age-limit shall be 40 years for direct recruitment to posts filled in by competitive examinations or in case of posts filled in through the Commission. The benefit is claimed under this proviso.
(3.) Learned Advocate General was also called to assist the court in the matter. The arguments of both sides have been heard.;