Court declares rule prescribing minimum age of 21 for contractual Auxiliary Nurse Midwife positions unconstitutional, aligning it with regular recruitment age of 18.
In a significant judgment, the Rajasthan High Court has struck down a provision of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022, which mandated a minimum age of 21 for contractual appointments to the post of Auxiliary Nurse Midwife (ANM) or Health Worker (Female). The court found this rule to be arbitrary and discriminatory as the same post under the Rajasthan Medical Health and Subordinate Service Rules, 1965, requires a minimum age of 18 for regular appointments.
The Division Bench comprising Justices Pushpendra Singh Bhati and Anuroop Singhi delivered the judgment on January 8, 2026, in a series of writ petitions filed by candidates affected by this age disparity. The court declared that the rule failed to meet the constitutional standards of equality before the law as provided under Articles 14 and 16 of the Constitution of India, which prohibit discrimination and arbitrariness in state actions.
The judgment came after petitioners argued that the age requirement under the 2022 Rules created an unjustifiable distinction between candidates eligible for regular and contractual positions, despite identical qualifications and job responsibilities. The court concurred, emphasizing that there was no rational basis for the higher age requirement for contractual roles, which effectively barred eligible younger candidates from applying for these positions.
The court also applied the doctrine of severability, ruling that the rule prescribing a minimum age of 21 should be read in conjunction with the 1965 Rules, thus aligning the age requirement for contractual appointments with the regular appointments at 18 years.
In response to the state's defense, which argued that a higher age would ensure more maturity and expertise, the court noted that the same reasoning could not justify the discrimination given that regular appointments allowed candidates from age 18. The court underscored that the absence of a rational nexus between the age requirement and the job's objective rendered the rule unconstitutional.
This decision mandates the state to amend the age criteria in the controversial advertisements issued for ANM positions and assess the eligibility of candidates based on the 1965 Rules.
The ruling is expected to have a significant impact on recruitment processes under the 2022 Rules, ensuring a uniform age requirement across regular and contractual hiring, thereby enhancing equitable access to public employment opportunities.
Bottom Line:
Rule prescribing minimum age of 21 years for contractual appointment on the post of Auxiliary Nurse Midwife/Health Worker (Female) under the Rajasthan Contractual Hiring to Civil Posts Rules, 2022, held arbitrary and discriminatory as the same post under Rajasthan Medical Health and Subordinate Service Rules, 1965 prescribes minimum age of 18 years.
Statutory provision(s): Articles 14 and 16 of the Constitution of India, Rule 6 of Rajasthan Contractual Hiring to Civil Posts Rules, 2022, Rule 10 of Rajasthan Medical Health and Subordinate Service Rules, 1965.
Shobha v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc Id # 2836644
