Rajasthan High Court - Jaipur
Om Prakash Sharma And Anr vs State (Education Department)Ors on 16 March, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.2643/2012. Om Prakash Sharma & Anr. Versus State of Rajasthan & Ors. Date of Order:- March 16, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Deen Dayal Sharma for petitioners. ***** BY THE COURT:-
It is stated that petitioners crossed the age limit provided for appointment to the post of PTI Gr II and Gr III. Similar controversy came up before this Court in the case of Pawan Kumar Bardiya & Ors. Vs. State of Rajasthan & Anr. - SBCWP No.8046/2008, decided on 18/8/2011 and, therein, referring to the judgement of the Hon'ble Apex Court in the case of R.P.S.C., Ajmer Vs. Smt.Anand Kanwar Civil Appeal No.52 of 1993, decided on 8/2/1995, the petitioners therein were not held within the age for appointment to the post in reference though a direction for consideration of the representation for grant of age relaxation was given. It is submitted that case of the petitioners may be covered by the aforesaid judgement and accordingly a direction may be given for consideration of the representation in the light of the fact that for last thirteen years, no recruitment to the post of PTI Gr.II & Gr.III has been undertaken. In view of the aforesaid, this writ petition is disposed of with the direction to the respondents to consider petitioners' representation in the light of the judgement in the case of Pawan Kumar Bardiya supra and taking note of the hardship and the last recruitment being in the year 1998, respondents are expected to take a proper view as indicated in the judgement referred to above. It is clarified that respondents will apply the ratio of the aforesaid judgement instead of going into the facts therein. The petitioners will, however, enclose the copy of the judgement supra while copy of this order is served on the respondents.
(MOHAMMAD RAFIQ), J.
Anil/66 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.2115/2012.
IN S.B. CIVIL WRIT PETITION NO.2643/2012.
Om Prakash Sharma & Anr.
Versus State of Rajasthan & Ors.
Date of Order:- March 16, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Deen Dayal Sharma for petitioners. ***** BY THE COURT:-
Consequent upon disposal of the petition, this stay application does not survive and the same is accordingly rejected.
(MOHAMMAD RAFIQ), J.
Anil/66 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum J