Research › Search › Judgment

Rajasthan High Court · body

2013 DIGILAW 2309 (RAJ)

Miss. Maryada Sharma v. Rajasthan High Court, Jodhpur

2013-12-17

AMITAVA ROY, VEERENDR SINGH SIRADHANA

body2013
JUDGMENT 1. - The petitioner, an aspirant to partake in the selection process initiated by advertisement dated 25.11.2013, issued by the Rajasthan High Court, Jodhpur, seeks to invoke the writ jurisdiction of this Court to annul Rule 17 of the Rajasthan Judicial Service Rules, 2010 (for short, hereafter referred to as 'the Rules) (amended), as ultra vires for stipulating the minimum age of eligibility to be 23 years, instead of 21 years, or no age. An appropriate, writ, order or direction has been sought for to modify Clause 8 of the aforestated advertisement to reduce the minimum age of eligibility to 21 years, or no age as on 01.01.2014 and also to allow the petitioner to appear in the examination to be held pursuant thereto. 2. Heard Mr. Gaurav Gupta, the learned counsel for the petitioner. 3. The pleaded case of the petitioner, in brief, is that she has passed the B.A., LL.B.(Hons.) Five Years Integrated Course from Chankya National Law University, Patna securing 65.28%. As in terms of Clause 8 of the advertisement dated 25.11.2013, issued by the Rajasthan High Court, Jodhpur, initiating a process for recruitment to the Civil Judge cadre of the Rajasthan Judicial Service (for short, hereafter referred to as 'the service'), she is under aged, she seeks the above reliefs. She has averred as well that in Madhya Pradesh High Court, Jabalpur and Punjab & Haryana High Court, the minimum age for recruitment to the said cadre is 21 years and in the High Court of Delhi, there is no such prescription of minimum age. The learned counsel for the petitioner has reiterated above to impeach the validity of Rule 17 of the Rules. 4. We have considered the pleaded facts, documents annexed and the arguments advanced. 5. Rule 17 of the Rules prescribes age limits of the candidates of various categories for direct recruitment to the cadre of Civil Judge, which, for ready reference, is extracted herein below:- 17. 4. We have considered the pleaded facts, documents annexed and the arguments advanced. 5. Rule 17 of the Rules prescribes age limits of the candidates of various categories for direct recruitment to the cadre of Civil Judge, which, for ready reference, is extracted herein below:- 17. Age.- A candidate for direct recruitment to the cadre of Civil Judge must have attained the age of 23 years and must not have attained the age of 35 years on the first day of January following the last date fixed for receipt of applications: Provided that - (i) the upper age limit mentioned above shall be relaxed by 5 years in case of candidates belonging to the Scheduled Castes/Scheduled Tribes, Other Backward Classes and Women Candidates. (ii) the upper age limit for the persons serving in connection with the affairs of the State, Panchayat Samities, Zila Parishads or Public Sector Undertakings / Corporations in substantive capacity shall be 40 years. (iii) the upper age limit in the case of widow/divorced women shall be upto 45 years. Explanation: In the case of widow she will have to furnish a certificate of death of her husband from the competent authority and in case of divorcee, she will have to furnish the proof of divorce. (iv) If a candidate would have been entitled in respect of his/her age to appear at the examination in any year in which no such examination was held, he/she shall be deemed to be entitled in respect of his/her age to appear at the next following examination. (v) If for any reason, the written examination/interview is cancelled in any particular year, it shall be open to the Recruiting Authority to grant age relaxation to the candidate to appear in the next examination. 6. (v) If for any reason, the written examination/interview is cancelled in any particular year, it shall be open to the Recruiting Authority to grant age relaxation to the candidate to appear in the next examination. 6. Clause 8 of the advertisement, on this aspect, is in terms of Rule 17 of the Rules, which in vernacular reads as under:- vk;q&vkosnd 1 tuojh 2014 dks 23 o"kZ dh vk;q iw.kZ :i dj pqdk fdUrq 35 o"kZ dh vk;q iw.kZ ugha dj pqdk gksuk pkfg,] ysfdu& 1- ;fn dksbZ vkosnd viuh vk;q ds laca/k esa ,sls fdlh o"kZ esa ijh{kk esa lfEefyr gksus ds fy, gdnkj gksrk] ftlesa ,slh dksbZ ijh{kk vk;ksftr ugha dh xbZ Fkh rks og viuh vk;q ds laca/k esa Bhd vkxkeh ijh{kk esa lfEefyr gksus ds fy, gdnkj le>k tkosxkA " Li"Vhdj.k& vfUre ckj o"kZ 2011 esa vk;ksftr ijh{kk gsrq vk;q lhek dh x.kuk 01-01-2012 ds vk/kkj ij dh xbZ Fkh rFkk bl foKkiu }kjk vk;ksftr dh tk jgh ijh{kk gsrq vk;q lhek dh x.kuk fnukad 01-01-2014 ds vk/kkj ij dh tk jgh gSA vr% ,sls vkosnd tks viuh vk;q lhek dh n`f"V ls fnukad 01-01-2013 dks ,slh ijh{kk esa cSBus gsrq ik= Fks] mUgsa vc vk;ksftr dh tk jgh ijh{kk esa lfEefyr gksus ds fy;s vk;q lhek dh n`f"V ls ik= ekuk tk,xkA 2- jktLFkku esa vuqlwfpr tkfr@vuqlwfpr tu tkfr@vU; fiNM+k oxZ ,oa efgyk Js.kh ds vkosndksa ds ekeys esa mijh vk;q lhek dks 5 o"kZ rd f'kfFky fd;k tk,xkA 3- jktLFkku jkT;] iapk;r lfefr;ka] ftyk ifj"knksa ;k lkoZtfud {ks= ds midzeksa@fu;eksa ds dzk;Zdykiksa ds laca/k esa vf/k"Bk;h gSfl;r ls lsokjr O;fDr;ksa ds laca/k esa mijh vk;q lhek 40 o"kZ gksxhA 4- fo/kok@rykd'kqnk efgykvksa ds ekeyksa esa mijh vk;q lhek 45 o"kZ gksxhA Li"Vhdj.k&fo/kok efgyk vH;FkhZ ds ekeys esa mls lk{kkRdkj ds le; l{ke vf/kdkjh }kjk iznRr vius ifr dh e`R;q dk izek.k i= (Death Certificate) izLrqr djuk gksxk rFkk rykd'kqnk efgyk vH;FkhZ ds ekeys esa mls fookg&foPNsn (Divorce) dk izek.k Proof izLrqr djuk gksxkA " 7. The Rules had been framed in exercise of powers conferred by Article 233 and 234 read with proviso to Article 309 of the Constitution of India for regulating recruitment to the posts in the service and the conditions and other matters related thereto. The Rules had been framed in exercise of powers conferred by Article 233 and 234 read with proviso to Article 309 of the Constitution of India for regulating recruitment to the posts in the service and the conditions and other matters related thereto. Understandably, exhaustive deliberations and scrutiny of all relevant aspects bearing on the office and, inter alia, the nature of duties and responsibilities attached thereto, had been undertaken to frame each provision thereof, assigning paramount importance to the demanding institutional exigencies. Apart from the fact that it is perception ally the singular prerogative of the appointing authority, the Governor of Rajasthan, in consultation with the Rajasthan Public Service Commission and the High Court of Judicature for Rajasthan, to frame rules in exercise of the aforementioned constitutional powers and to provide for norms for regulating recruitment to the posts in the service to adequately cater to the institutional essentialities and imperatives, the act involved being exclusively legislative in nature, no provision thereof can be lightly tinkered with. 8. The conditions for recruitment and the terms and conditions of service need to be devised and formulated as per the respective institutional requirements and thus, may possibly vary in their nature and contents, High Court wise. The legislative wisdom of designing the provisions of such Rules informed with that objective is not open to be assailed on the grounds as urged. The lower age limit for entry in the service has been prescribed to be 23 years on an indepth scrutiny and consideration of all relevant aspects adapted to the organizational needs. 9. A close perusal of Rule 17 of the Rules demonstrates that it does adequately take care of age limits of various categories of candidates. 10. No case for interference is made out. 11. The petition lacks in merit and is rejected. The stay application also stands dismissed.Petition Dismissed. *******