In a significant ruling affecting contractual healthcare recruitment in Rajasthan, the Rajasthan High Court’s Jodhpur bench has struck down the minimum age requirement of 21 years for contractual hiring to the post of Auxiliary Nurse Midwife (ANM)/Health Worker (Female).
The Division Bench held that when the same post is filled through regular recruitment at 18 years, the State cannot impose a higher minimum age of 21 years only because the appointment is contractual.
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Background of the case
The matter arose from a batch of writ petitions led by Shobha vs State of Rajasthan, where young aspirants challenged Rule 6 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022.
The petitioners pointed out a clear mismatch:
- Under the Rajasthan Medical Health and Subordinate Service Rules, 1965, the minimum age for regular ANM recruitment is 18 years.
- But under the 2022 contractual hiring rules, the minimum age was set at 21 years for the same ANM/Health Worker (Female) post.
The lead petition was filed against the State of Rajasthan and the Rajasthan Subordinate and Ministerial Services Selection Board (RSMSSB), among others.
The controversy gained momentum after two recruitment advertisements were issued:
- Regular recruitment (19.05.2023)
The Health Department invited applications for ANM/Health Worker (Female) posts under the 1965 Rules, allowing candidates aged 18 to 40 years as on the cut-off date. - Contractual recruitment (06.07.2023)
A second advertisement for the same post, this time under the 2022 Rules, fixed the minimum age at 21 years as on 01.01.2024.
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The petitioners argued this made them eligible for regular jobs but ineligible for contractual jobs on the same post, despite identical qualifications and duties.
Adding to the dispute, a corrigendum dated 12.01.2024 added 1,000 newly created contractual posts after the application window had already closed, without inviting fresh applications.
In court, the petitioners’ counsel argued that the age condition was unfair and unconstitutional.
They claimed that fixing 21 years as the minimum age for contractual ANM hiring was:
- Arbitrary and discriminatory
- A violation of Article 14 (equality before law) and Article 16 (equal opportunity in public employment)
They also stressed that candidates become eligible early because ANM training can be completed by around 19 years of age, and blocking them until 21 shuts the door on genuine aspirants.
The State, represented by Additional Advocate Generals, defended Rule 6 by saying that:
- Every rule enjoys a presumption of constitutionality
- Age limits are a policy matter, and courts should not interfere unless the rule is clearly unreasonable
The government also argued that contractual hiring rules operate differently because they are meant for schemes and projects, and a slightly higher age ensures “maturity” and suitability.
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Court’s observations
After hearing both sides, the Division Bench framed key questions, including whether the State can set two different minimum age criteria for the same post purely based on the mode of appointment.
The bench found the State’s position difficult to justify. In a strong remark, the court noted that it was “obnoxious” for the State to argue that 18 years is sufficient for regular ANM recruitment, but 21 years is justified for contractual hiring for the very same post.
The judges also relied on constitutional principles of removing arbitrariness. The court emphasised that if a discriminatory part of a rule can be separated and removed, the court should strike down only that portion while keeping the rest intact.
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Decision
The Rajasthan High Court allowed the writ petitions and ruled that:
- Rule 6 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 is ultra vires (unconstitutional) to the extent it prescribes 21 years as the minimum age for contractual appointment to ANM/Health Worker (Female).
- The rule must be read consistently with Rule 10 of the 1965 Rules, meaning the minimum age should be 18 years, just like regular recruitment.
- The minimum age condition of 21 years in the 06.07.2023 advertisement and 12.01.2024 corrigendum was also quashed, and eligibility must be assessed as per the 1965 Rules.
- No costs were awarded.
Case Title: Shobha vs State of Rajasthan & Ors. (Connected batch)
Case No.: D.B. Civil Writ Petition No. 1160/2024 (with connected matters)
Decision Date: 08/01/2026
