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Judgment
In this writ petition, the petitioner has approached this Court inter alia with the prayer that Rule 12(e) of the Rajasthan Judicial Service Rules, 2010 (for short 'the Rules of 2010') may be declared illegal, arbitrary and unconstitutional to the extent of not providing child from re-marriage to appear in the examination for appointment on the post of Civil Judge (Junior Judge) and Judicial Magistrate on the premise that State Government in all other similar Rules pertaining to different States Services has amended the same.
Mr. N. K. Maloo, learned Senior Counsel appearing on behalf of the respondent-Rajasthan High Court submitted that during the process of receiving application forms for appointment on the post of Civil Judge (Junior Division) and Judicial Magistrate, Rule 12(e) of the Rules of 2010 has been amended by Rajasthan Judicial Service (Amendment) Rules, 2018 vide notification dated 27.12.2018 with the following amendment:
"2. Amendment of rule 12.- After the existing second proviso to clause (e) of rule 12 of the Rajasthan Judicial Service Rules, 2010, hereinafter referred to as the said rules, the following new provisos shall be added, namely:-
"Provided also that while counting the total number of children of a candidate, the child born from earlier delivery and having disability shall not be counted.
Provided also that any candidate who performed remarriage which is not against any law and before such remarriage he is not disqualified for appointment under this sub-rule, he shall not be disqualified if any child is born out of single delivery from such remarriage."
Learned Senior Counsel informs that last date for receipt of application forms has been extended from 05.01.2019 to 15.01.2019 and submitted that the Amended Rule 12(e) now effectively redresses grievances of the petitioner and any such application submitted by the petitioner shall be considered by the respondents as valid application. However, this shall be the subject to scrutiny of the application of the petitioner by the respondents and if the application is otherwise found in conformity with the Rules, the same shall be considered accordingly and he shall be permitted to appear in the written examination like any other candidate, who is covered by the Amended Rule 12(e) and now files the application form.
In view of above, the writ petition is disposed of as having rendered infructuous. It is, however, open to the petitioner that he wishes to file any fresh online application in accordance with the Amended Rule 12(e) within the period of extended last date, in that case, the respondents shall act on the online application of the petitioner.
Stay Application No. 3983/2018 also stands disposed of.