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2016 DIGILAW 534 (RAJ)

Rajendra Nath Yogi v. Registrar General, Rajasthan High Court, Jodhpur

2016-04-18

GOVIND MATHUR, PANKAJ BHANDARI

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JUDGMENT : By the notification dated 12.3.2016 a process of selection for recruitment to Rajasthan Judicial Service has been initiated as per provisions of the Rajasthan Judicial Service Rules, 2010 (hereinafter referred to as 'the Rules of 2010'). As per Rule 17 of the Rules of 2010, 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. As per proviso (ii) to Rule 17 aforesaid, the upper age limit for the persons serving in connection with affairs of the State, Panchayat Samities, Zila Parishads or Public Sector Undertakings/Corporations in substantive capacity shall be 40 years. 2. The grievance of the petitioner is that the upper age limit in other State services i.e. Rajasthan Administrative Service and Rajasthan Police Service etc., is 45 years for the persons serving in connection with affairs of the State and its other agencies. According to learned counsel not to have upper age limit of 45 years and proviso (ii) to Rule 17 to participate in the process of selection for recruitment to Rajasthan Judicial Service is discriminatory, as such, is in violation of Article 14 of the Constitution of India. 3. We do not find any merit in the argument advanced. 4. Rajasthan Judicial Service is a service created under the Rules of 2010 for appointment to different cadres in judicial service. Rajasthan Administrative Service, Rajasthan Police Service and other State services are created under separate set of Rules and those prescribe eligibility for recruitment and other ancillary conditions as per need of those services. So far as prescription of upper age limit under provision (ii) to Rule 17 of the Rules of 2010 is concerned, the rule making authority by adequate application of mind considered it appropriate that the maximum age limit for recruitment to Rajasthan Judicial Service from among the persons serving in connection with the affairs of the State and its Agencies should not be more than 40 years and there is no wrong in it. The State services in the State of Rajasthan may be having same connotation but every service is having its own needs and requirements and according to that eligibility and other criterion have been prescribed. The State services in the State of Rajasthan may be having same connotation but every service is having its own needs and requirements and according to that eligibility and other criterion have been prescribed. In view of it, we do not any wrong with the condition aforesaid. 5. The writ petition is dismissed.