N.L. Tibrewal. J. - (1.) The Petitioners, herein, are Primary Teachers in Gr. III working in Government Primary Schools under various Panchayat Samitis in Rajasthan. They were appointed after due selection by the respective District Establishment Committees. They are seeking relaxation in upper age limit to get appointment as Lecturers in School Education pursuant to Advertisement No. 6/95-96 issued by the Rajasthan Public Service Commission, (for short R.P.S.C.) Ajmer.
(2.) Through above Advertisement, applications were invited to fill-up vacancies in posts of School Lecturer by direct recruitment in various subjects as detailed out in the Advertisement. With regard to the age of a candidate it was stated in the Advertisement that he must have attained the age of 24 years and must not have attained the age of 33 years, on 1.7.1996, but relaxation in upper age limit was permissible as under:- (i) 5 years in the case of women candidates, candidates belonging to Scheduled Castes or Scheduled Tribes and Government servants of Rajasthan; (ii) The upper age limit shall not apply in case of an ex- prisoner who had served under the Government on a substantive basis on any post before his conviction and was eligible for appointment under the Rules; (iii) A period equal to the term of imprisonment served in the case of an ex-prisoner who was not overage before his conviction and was eligible for appointment under the rules; (iv) A period equal to the service rendered in the National Cadet Corps in the case of the Cadet Instructors if the resultant age does not exceed the maximum age limit prescribed above; (v) The persons appointed temporarily to a post in the service shall be deemed to be within the age limit if they were within the age limit when they were initially appointed even though they have crossed the age limit when they appear finally before the Commission and shall be allowed upto two chances had they been eligible as such at the time of their initial appointment; (vi) 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. (vii) 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; (viii) In case of Widows and divorced women there shall be no upper age limit. The above relaxation in age limit is in consonance with the Rajasthan Educational Service Rules, 1970 (hereinafter to be referred to as the Rules of 1970).
(3.) There is no dispute that all the petitioners are having requisite academic qualifications in the subjects applied by them. They were called to appear for Screening Test conducted by the R.P.S.C. and were declared successful. However, they were not called for interviews on the ground of being overage and were intimated accordingly by the R.P.S.C. The grievance of the petitioners is that they were entitled to get relaxation in upper age limit as per Clauses (i) and (vi) mentioned above.;