Dismissed

Sheilesh Kumar Asopa v. State of Rajasthan

Rajasthan HC23 Jan 2019CW/142/2019

Case brief

AI extract

What is this about?

The court dismissed petitions challenging the amendment of Rule 17 of the Rajasthan Judicial Service Rules, 2010, which extended age limits for general recruitment but did not similarly extend them for in-service candidates. The court held that subordinates courts (Article 235) are not governed by Part-XIV rules regarding parity of service conditions.

What the court decided

AI extract

Sheilesh Kumar Asopa Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ No. 142/2019

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Sheilesh Kumar Asopa S/o Shri Susheel Kumar Asopa, Aged About 41 Years, G-295, Azad Nagar Near Swastik Garden, Bhilwara, Rajasthan,.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur.

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The Rajasthan High Court, Through Its Registrar General, Rajasthan High Court, Jodhpur, Rajasthan.

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The Registrar (Examination), Rajasthan High Court, Jodhpur.

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----Respondents

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D.B. Civil Writ No. 143/2019

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Lalita Mandawariya D/o Shri Hira Lal Mandawariya, Aged About 41 Years, R/o Rajput Colony, Bhilwara, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur.

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The Rajasthan High Court, Through Its Registrar General, Rajasthan High Court, Jodhpur, Rajasthan.

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The Registrar (Examination), Rajasthan High Court, Jodhpur.

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----Respondents

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D.B. Civil Writ No. 639/2019

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Mukesh Kumar S/o Shri Chandra Bhan, Aged About 42 Years, By Caste- Arora, R/o- Gali No-9, Setia Colony, Ward No-17, Sri Ganganagar.

----Petitioner

(2 of 5)

[CW-142/2019]

Versus

State Of Rajasthan, Through The Secretary, Department Of Law, Secretariat, Jaipur (Raj.).

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The Registrar General, High Court Of Judicature For Rajasthan At Jodhpur.

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The Registrar Examination, Rajasthan High Court, Jodhpur.

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The Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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----Respondents

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D.B. Civil Writ No. 660/2019

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Surendra Singh Kumpawat S/o Achal Singh, Aged About 43 Years, By Caste Rajput, Resident Of Tehsil Marwar Junction, Dist. Pali (Raj.). At Present Assistant Prosecution Officer, Additional Judicial Magistrate Court, Chittorgarh.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary Department Of Law, Secretariat, Jaipur (Raj.).

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The Registrar General, High Court Of Judicature For Rajasthan At Jodhpur.

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The Registrar Examination, Rajasthan High Court, Jodhpur.

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The Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Bhawani Singh Tanwar For Respondent(s) :

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA

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Order

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23rd January, 2019

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(3 of 5)

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[CW-142/2019]

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By way of these writ petitions, the petitioners are seeking directions to the respondents to amend the Rule 17 of Rajasthan Judicial Service Rules, 2010 (for short “the Rules”) to enhance the upper age limit for the persons serving in connection with the affairs of the State, Panchayat Samities, Zila Parishads and Public Sector Undertakings/Corporations in substantive capacity from 40 years to 45 years.

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The petitioner in Writ Petition No.639/19 has also questioned the legality of the notification dated 27.12.18, deleting the proviso (ii) to Rule 17 of the Rules, where under the upper age limit for in service candidates was provided as 40 years.

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The facts relevant are that the respondent Rajasthan High Court issued an advertisement dated 15.11.18 notifying 197 vacancies in the cadre of Civil Judge to be filled in by way of Direct Recruitment. As per Rule 17 of the Rules, it is provided therein that a candidate for recruitment to the post must have attained the age of 23 years and must not have attained the age of 35 years on the 1^st January, 2020. However, as per proviso (ii) to Rule 17, the upper age limit for in service candidate was prescribed as 40 years.

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During the pendency of the recruitment process, the provisions of Rule 17 of the Rules have been amended vide notification dated 27.12.18 whereby while reducing the minimum age prescribed for ‘23 years’ to ‘21 years’, the upper age limit has been enhanced from ‘35 years’ to ‘40 years’. Further, the (ii) proviso to Rule 17 of the Rules prescribing upper age limit for in service candidate as 40 years, has been deleted. Pursuant to the

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(4 of 5) [CW-142/2019]

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amendment made inter alia in Rule 17 as aforesaid, the respondents have issued the amended advertisement dated 2.1.19 extending the benefits of inter alia Rule 17 of the Rules, amended as aforesaid to the candidates applying for recruitment to the post of Civil Judge.

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Precisely, the contention of the petitioners is that the upper age limit for the general candidates having been enhanced from ‘35 years’ to ‘40 years’, the upper age limit for in service candidates was required to be enhanced from ‘40 years’ to ‘45 years’, keeping parity with the provisions in the various service Rules of the State prescribing upper age limit for the in service candidate as ‘45 years’. It is submitted that instead of enhancing the upper age limit for in service candidates from ‘40 years’ to ‘45 years’, the deletion of proviso (ii) to Rule 17 of the Rules, is ex facie illegal and arbitrary.

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It is pertinent to note that under proviso (ii) to Rule 17, the upper age limit for in service candidate was provided as ‘40 years’ as against the upper age limit for general candidates provided as ‘35 years’. But since, by way of the notification dated 27.12.18, the upper age limit for general candidates has been enhanced from ‘35 years’ to ‘40 years’, the rule making authority considered it appropriate to delete the proviso (ii) to Rule 17 of the Rules, providing upper age limit for in service candidate as ‘40 years’. The petitioners in service candidates cannot claim relaxation in the upper age limit as a matter of right. Apparently, while amending the provision as aforesaid, the rule making authority in its wisdom did not consider it appropriate to enhance the upper age limit for

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(5 of 5) [CW-142/2019]

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the in service candidates further from ‘40 years’ to ‘45 years’, which in no manner could be considered to be illegal or arbitrary. It is not the law that in all the services under the State for different posts, the upper age limit prescribed for different categories must be the same and thus, the petitioners’ claim for enhancement of the upper age limit for in service candidates for the recruitment to the post of Civil Judge at par with the upper age limit as prescribed under other various service Rules of the State for different posts, cannot be countenanced by this court.

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As a matter of fact, the writ petitions involving identical issue being D.B.Civil Writ Petition No.816/19 ‘Manoj Sharma vs. State of Rajasthan & Ors.” and other connected petitions, have already been dismissed by Jaipur Bench of this court vide order dated 11.1.19 with the observations as under:

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“Suffice to state that appointment of Judicial Officers in the Subordinate Courts is governed by Article 235 of the Constitution of India. Appointment to public service on the posts in connection with the affairs of the Union or State is governed by Part-XIV of the Constitution of India comprising Article 308 to 313 of the Constitution. Both stand on different footings. No parity can be claimed by any person for being appointed to Subordinate Courts with condition of service for appointment to public service on the posts in connection with the affairs of the State.”

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In this view of the matter, these writ petitions also deserve to be dismissed.

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Accordingly, the writ petitions are dismissed in limine.

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(DINESH MEHTA),J

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(SANGEET LODHA),J

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Aditya/

Sheilesh Kumar Asopa v. State of Rajasthan

Case brief

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What the court decided

Sheilesh Kumar Asopa v. State of Rajasthan

Case brief

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