12. So far as the other two petitioners are concerned, they too are domiciles of State of Chhattisgarh and also belonging to the reserved categories and for both these categories also if they are given the age relaxation, both of them could get a relaxation up till the age of 42. However, both the petitioners on the cutoff date as on 01.01.2010 were more than 42 years of age. The contention of the petitioners so far as their past services on contract basis is to be considered for the purpose of grant of age relaxation is concerned, the advertisement does not provide for any such relaxation and therefore the said benefit cannot be extended to the petitioners. In addition if the claim of the petitioners is for treating them or granting them the benefit at par with what is being provided to Shiksha Karmies, the same cannot be granted by the High Court in exercise of its power under Article 226. Granting relaxation for a particular category, fixing of the minimum eligibility criteria, be it the minimum qualification or be it the upper age limit are all matters which are exclusively within the domain of the Government. The High Court in exercise of its power of judicial review under Article 226 cannot substitute itself as a Rule making body or substitute itself as a Government agency to decide or provide relaxations, which otherwise is not provided under the Act, Rules or Advertisement.
