Rajasthan High Court - Jaipur
Kamala Shankar Pargi vs State Of Raj & Ors on 17 January, 2011
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No. 554/2011 Kamla Shankar Pargi Vs The State of Rajasthan & ors 17.1.2011 HON'BLE MR JUSTICE MN BHANDARI Mr Hemant Gajraj for Mr Tanveer Ahmed - for petitioner BY THE COURT:
Learned counsel for petitioner submits that petitioner has attained age of more than 40 years. However, he is entitled for relaxation of 3 years of age pursuant to Notification dated 23.9.2008. Last recruitment was made in the year 2001.
I have considered the submissions made by learned counsel for petitioner.
Relevant portion of the Notification is quoted hereunder for ready reference thus -
If a candidate would have been entitled in respect of his/ her age for direct recruitment in any year in which no such recruitment was held, he/she shall be deemed to be eligible in the next following recruitment, if he/she is not overage by more than 3 years.
Perusal of aforesaid shows that if a candidate would have been entitled in respect of age, however, in any year no such recruitment was held, he/she would be deemed to be eligible in next falling recruitment if not overage by more than 3 years. Petitioners, in the case in hand, have attained the age of more than 40 years, whereas, maximum age provided is 35 years. Since Notification provides relaxation of 3 years, petitioner is overage by more than five years as he crossed the age of 40 years. Accordingly, he is not entitled for the benefit under the Notification. The writ petition is accordingly dismissed as having no merit.
(MN Bhandari) J.
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