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Rajasthan High Court - Jodhpur

Sandeep Bordiya vs State Of Rajasthan on 25 May, 2022

Author: Arun Bhansali

Bench: Arun Bhansali

       HIGH COURT OF JUDICATURE FOR RAJASTHAN

                              AT JODHPUR


              S.B. Civil Writ Petition No. 6903/2022

Sandeep Bordiya S/o Sh. Hari Singh, aged about 39 Years, R/o
32/18, Kharjali Complex, New Sardarpura, Girwa, Shastri Circle,
Udaipur.
                                                                   ----Petitioner
                                   Versus
1.     State of Rajasthan through Director, Department of
       Secondary Education, Bikaner (Raj.).
2.     Rajasthan Staff        Selection Board, Jaipur              through    its
       Chairman, Jaipur (Raj.).
                                                                ----Respondents


For Petitioner(s)        :     Mr. Shridhar Mehta.
For Respondent(s)        :     Mr. Pankaj Sharma, AAG with
                               Mr. Deepak Chandak.



           HON'BLE MR. JUSTICE ARUN BHANSALI

Order 25/05/2022 It is submitted by the counsel for the petitioner that the petitioner had earlier approached this Court by filing SBCWP No.4233/2022, wherein on 23.03.2022 (Annex.7), the Court had passed following order: -

"This writ petition has been filed by the petitioner seeking a direction to the respondents to provide the petitioner age relaxation and the petitioner may be permitted to participate in the selection process for the post of Basic Computer Instructor and Senior Computer Instructor Recruitment, 2022 pursuant to the advertisement dated 1.2.2022.
Learned counsel for the petitioner submits that the petitioner may be permitted to approach the respondents by way of a representation for grant of relaxation under provisions of Rule 44 of Rajasthan Educational (State and Subordinate) Service Rules, 2021 and the respondents be (Downloaded on 25/05/2022 at 09:49:12 PM) (2 of 3) [CW-6903/2022] directed to decide the same appropriately and expeditiously.
In view of the submissions made, the writ petition filed by the petitioner is disposed of. The petitioner may approach the respondent - competent authority seeking relaxation in age in terms of Rule 44 and / or any other provision.
The competent authority is directed to decide the representation of the petitioner within a period of three weeks from the date the representation is made by the petitioner along with a copy of this order by way of a speaking order."

Pursuant thereto, the petitioner made a representation (Annex.8), which was sent by e-mail to the Director, Department of Secondary Education and the Secretary, Rajasthan Ministerial and Subordinate Selection Board. However, the said representation has not been decided by the respondents.

Learned counsel for the petitioner made submissions that the written examination of Basic Computer Instructor and Senior Computer Instructor Recruitment 2022 is scheduled to be held on 18th and 19th of June 2022 and in case the representation made by the petitioner is not decided prior to that, the directions given by the Court earlier would stand frustrated.

By order dated 16.05.2022 a copy of the petition was ordered to be served on Mr. Pankaj Sharma, learned AAG. Mr. Sharma, prayed for time to file reply.

However, in the circumstances of the case, wherein the Court had given specific direction for decision on the representation made by the petitioner within a period of three weeks and sufficient time has already elapsed and the written examination pursuant to the recruitment notification is due to be held on 18 th and 19th June, 2022, the Secretary, Department of the Secondary Education is directed to decide the representation to be made by the petitioner. The petitioner may supply requisite representation (Downloaded on 25/05/2022 at 09:49:12 PM) (3 of 3) [CW-6903/2022] to the learned counsel, Mr. Pankaj Sharma, AAG, who shall forward the same to the Secretary. Needful may be done by the Secretary by 03.06.2022 by way of a speaking order.

The petition be listed on 09.06.2022.

(ARUN BHANSALI),J 119-DJ/-

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