[2025:RJ-JP:12633-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 15850/2024 Vijay Bahadur Singh Son Of Shri Daulat Singh, Aged About 30 Years, Resident Of D.b.i. Ke Samne, Village And Post Mandawar, Tehsil Mahwa, District Dausa (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Department Of Prisons, Govt. Secretariat, Jaipur (Raj.) Through Its Secretary. 2. Director General Jail, Jaipur Central Jail, Agra Marg, Ghatgate, Fateh Tibba, Adarsh Nagar, Jaipur (Raj.) 3. Secretary, Rajasthan Public Service Commission, Ajmer (Raj.) ----Respondents For Petitioner(s) : Mr. Bajrang Sapat, Advocate on behalf of Ms. Komal Kumar Giri, Advocate. For Respondent(s) : HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 20/03/2025 This writ petition has been filed by the petitioner with the following prayers:- “(1) By issuing writ of mandamus or any other writ, order or direction, Rule 15 of the Rajasthan Jails Subordinate Services Rules, 1998 (by which the respondents not provided additional age relaxation to candidates where as the respondent did not advertised vacancy every years and advertised present vacancy after passing of 10 years) may declared as ultra virus of the Constitution of india and provided additional upper age relaxation to petitioner according to Rule 49 of the [2025:RJ-JP:12633-DB] (2 of 3) [CW-15850/2024] Rajasthan Jails Subordinate Services Rules, 1998. (ii) The respondents may be directed to treat the petitioner within the age limit for participating in the selection process for appointment on the post of Dy. Jailor and accept the online/ offline application form of petitioner in the larger interest of justice. (iii) The respondent may further be directed to give upper age relaxation to candidate in age limit condition of advertisement given appointment to petitioner on the post of Deputy Jailor, pursuant to advertisement dated 01.07.2024 (iv) Issue any other writ order or direction which this Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioner. (v) Cost of the writ petition be also awarded on favour of the petitioner.” Brief facts of the case are that in pursuance of the advertisement dated 01.07.2024 issued by the respondent, the petitioner applied for the post of Deputy Jailor. According to above said advertisement, a candidate must be within the age limit of eighteen to twenty six years as on 01.01.2025. Petitioner belongs to ‘EWS’ category for which relaxation of five years has been provided. Admittedly, the age of the petitioner as on 01.01.2025 comes up to be thirty-one years and four months as informed by counsel for the petitioner. Counsel for the petitioner also submitted that the provision concerning Rule 49, which grants power to relax rules, does not specify that relaxation should be granted when the examination is not conducted for several years. Consequently, counsel prayed for the writ petition to be allowed. Heard counsel for the petitioner. Perused the record. [2025:RJ-JP:12633-DB] (3 of 3) [CW-15850/2024] This writ petition filed on behalf of the petitioner deserves to be dismissed for the reasons; firstly, it is for the State Government who is the rule making authority to give relaxation in the age criterion. This Court cannot give any directions to the authority concerned to frame rule in a specified manner; secondly, admittedly, the petitioner turned out to be overage even after giving age relaxation of five years as provided in the rule for the relevant category; thirdly, Rule 49 gives the power to the State Government or its designated authority to relax the rules. Therefore, the rules can only be relaxed by the State Government and no direction in this regard can be issued by this Court. In that view of the matter, this writ petition stands dismissed. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Tushar/44