A.K. Parihar, J. - (1.) The petitioner applied for the post of Assistant Public Prosecutor Gr.II in pursuance to advertisement No. 1/1997- 98 issued by the Rajasthan Public Service Commission. The age prescribed for the above post was from 21 years to 33 years as on 1.1.1998. Petitioner, though, was having the requisite qualification, had become overage as per age prescribed in the advertisement and, as such, has filed this writ petition challenging his non- consideration on the ground that since no recruitment was made to the post of Assistant Public Prosecutor Grit since 1993, the petitioner should have been given the age relaxation for the years for which no recruitment was made.
(2.) In the writ petition, the petitioner has prayed that action of respondents in not determining the vacancies and not conducting the examination year-wise and not giving the relaxation in the age limit to the petitioner and other similarly situated candidates who had become overage during the period from 1993, be declared arbitrary, discriminatory and unjustified. The petitioner has further challenged the cut of date as on 1.1.1998 and has prayed that the respondents be directed to consider the application of the petitioner and give him appointment if he found to be suitable.
(3.) Mr. A.K. Bajpai, counsel for the petitioner, has submitted that the State Government was duty bound to determine the vacancies year-wise and further, make recruitment each year. Since no recruitment was made during the years 1993 to 1997, the petitioner and other similarly situated persons should have been given age relaxation for the above years. Mr. Bajpai, learned counsel for the petitioner has heavily relied upon decision of Division Bench of this Court in the case of Prakash Chand and others v. State of Rajasthan and others, reported In 1990 RLR page 1.;