PREM SHANKER ASOPA, J. - (1.) SINCE , all the aforesaid writ petitions involve common question of fact and law, therefore, they have been clubbed, heard together and are being decided by this common order.
(2.) IN all the writ petitions, claim is of age relaxation to in -service prospective candidates for the post of Junior Marketing Officer and further, challenge to subsequent denial of relaxation of the age by the State Govt. Briefly stated, the relevant facts of the case taken from S.B. Civil Writ Petition No. 5371/2008 (Indra Kumar Meena and Ors. v. State of Rajasthan) are that an advertisement for selection of 84 posts of Junior Marketing Officer as per Rule 16 of the Rajasthan Subordinate Service (Recruitment and Other Conditions of Service) Rules, 2001 (hereinafter to be referred as 'the Rules of 2001') relating to age and as per clause -6 of the advertisement dated 28.2.2008, the age prescribed for in -service candidates is 40 years whereas the same is 35 years for other candidates. The case of the petitioners is that all of them were within the age limit as on 1.1.1997 when last advertisement was issued in 1996. The main grievance of the petitioners is that Junior Marketing Officers have been deprived of their rights of consideration against 25% direct recruitment quota as per Schedule of the Rules of 2001 for inaction on the part State of not fulfilling the vacancies since 1997.
(3.) AS per Rule 13 of the Rules of 2001, vacancies are to be determined year wise and the same are further required to be fulfilled yearwise but in the instant case, no advertisement has been issued and no selection has been made since 1996 i.e. for 12 years and selection for 1996. The relevant date for calculation was 1.1.1997 and on 1.1.1997 all the petitioners were within the age -limit. The further grievance of the petitioners is that they have been made to suffer on account of inaction on the part of Government not to make yearwise selection. Although the advertisement was issued subsequently also in the year 2004 yet no selection has been made. It has also been stated in the writ petition that as per Schedule 25% quota is prescribed for the in -service candidates and out of 84 advertised posts 25% quota comes to 21 and the candidates in the ratio 1:3 for interview are not available. The non -advertisement of vacancies has resulted in rendering the petitioners ineligible.;