Chandra Bhan Singh vs State of Raj. and Others

Govind Mathur, J.—The candidature of the petitioner for the purpose of consideration for appointment as Prabodhak under Rajasthan Panchayat Raj Prabodhak Service Rules, 2008 is rejected by the respondents by considering him a person beyond the age prescribed under Rule 13 of the Rules of 2008. It is stated by learned Counsel for the petitioner that the respondents while doing so have not taken into consideration the proviso (v) to Rule 13 of the Rules of 1958. The factual matrix required to be notices is that the date of birth of the petitioner is 01.06.1966 and on 15.01.2001 an appointment was given to him as Siksha Sahayogi in an Educational Project of the State. Posting in the project aforesaid was given on 04.07.2002. The respondents while making consideration for appointment as Prabodhak were required to assess age of the petitioner as on 01.01.2009. Admittedly, the petitioner on 01.01.2009 was above the age of 40 years, that is the age relevant in the present case, however, by extending the relaxation as prescribed under proviso (v) of Rule 13 of the Rules of 2008, the petitioner comes within the age limit prescribed for appointment as Prabodhak.

Accordingly, this petition for writ is allowed. The respondents are directed to consider candidature of the petitioner for the purpose of appointment as Prabodhak against the vacancies notified under the advertisement dated 31.05.2008 by treating the petitioner within the age limit as prescribed under Rule 13 of the Rules of 1958. No order as to costs.