JUDGMENT 1. - Having obtained B.Sc. and B.Ed. degrees, petitioner Samsudeen applied for the post of Teacher Gr.III in response to the Notification dated 5.1.94 issued by Zila Parishad, Chittorgarh. In the Notification it was stated that there shall be relaxation of age as per rules for the physically handicapped candidates. The petitioner, who is a physically handicapped person, also submitted his application for the post. Alongwith that application, he enclosed a certificate issued by the Employment Exchange, Chittorgarh and a certificate dated 8.1.97 issued by the Junior Specialist (Orthopaedics), General Hospital, Pratapgarh. The petitioner's application was entertained and he was even selected and his name was placed at Serial No.5 in the list of handicapped persons- 2. The petitioner's case is that though his name appeared at Serial No.5 in the select list, he was not appointed to the post of Teacher on the ground that he was overage. It has been averred that under Rule 8 of the Rajasthan Employment of the Physically Handicapped Rules, 1976, the upper age limit can be relaxed for 10 years for the physically handicapped persons and the petitioner's date of birth being-5.8.58 he was eligible to be appointed as Teacher if he was given relaxation under Rule 8. It has also been averred that the petitioner had experience of teaching for three academic sessions and two partial sessions and therefore he was entitled to the relaxation of age as per the terms of the advertisement and proviso (vi) to Rule 10 of the Rajasthan Panchayat Samities and Zila Parishads Service Rules, 1959. 3. In the reply filed by the respondent it has been averred that the petitioner had not filed certificate of experience alongwith his application and that the proviso (vi) to Rule 10 was not attracted as he was not in the temporary service of the Panchayat Samiti at the time of consideration of his application. It has been further averred that Rule 8 does not provide that the physically handicapped persons can get the age relaxation of 10 years. 4. In the rejoinder, the facts of the petition have been reiterated and emphasis has been laid on Rule 8 of the Rajasthan Employment of the Physically Handicapped Rules, 1976. 5. Mr. It has been further averred that Rule 8 does not provide that the physically handicapped persons can get the age relaxation of 10 years. 4. In the rejoinder, the facts of the petition have been reiterated and emphasis has been laid on Rule 8 of the Rajasthan Employment of the Physically Handicapped Rules, 1976. 5. Mr. Bohra contends that under Rule 8 of the Rules of 1976, a physically handicapped person can be appointed by giving relaxation of age by 10 years but the respondents have not given the benefit of this provision to the petitioner to which he was entitled. 6. Mr. Bishnoi, on the other hand, submits that the upper age limit fixed in the Notification was 33 years and the petitioner was overage and therefore he could not be selected for the post. 7. Rule 8 of the Rules of 1976 reads as under 8. Relaxation in age-The maximum age limit prescribed for appointment to various posts in Subordinate, Ministerial and Class IV Services indicated in sub-rule (1) of rule 4 may be relaxed by 10 years for the physically handicapped persons and various relevant Service Rules shall stand amended to this effect. In special cases of hardship the Government may further relax this limit of age. 8. It is obvious that a physically handicapped person is entitled to get age relaxation upto 10 years under this Rule. It is not disputed that the petitioner's case for age relaxation on the ground of his being physically handicapped has not been considered by the respondents. The petitioner's name stands at Serial No.5 in the merit list of the physically handicapped persons. It is not disputed that the persons lower in merit than the petitioner have been given appointment. The petitioner is entitled to the appointment on the post after age relaxation. Mr. Bohra frankly concedes that his client would not claim back wages. 9. Consequently, this writ petition is allowed. The respondents No.2&3 are directed to grant relaxation of age to the petitioner on account of his being physically handicapped and appoint him to the post of General Teacher within a period of one month. The petitioner shall be entitled to the monetary benefits only from the date he joins the post.Petition allowed. *******