Rajasthan High Court - Jodhpur
Vinod Kumar Bishnoi vs State Of Rajasthan & Ors on 17 November, 2017
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14934 / 2017
Vinod Kumar Bishnoi S/o Shri Manmohan Bishnoi, Aged About 27
Years, R/o Jait Nagar Colony, Ward No. 1, Nokha, District Bikaner
(Raj.).
----Petitioner
Versus
1. State of Rajasthan Through the Home Secretary, Home
Department, Government of Rajasthan, Jaipur.
2. The Secretary, Department of Personnel, Government of
Rajasthan, Jaipur.
3. The Inspector General of Police (Headquarter), Jaipur.
4. The Superintendent of Police, Bikaner, District Bikaner.
----Respondents
Connected with
(1) S.B. Civil Writ Petition No. 14935 / 2017
Mohan Lal S/o Shri Kishana Ram, Aged About 30 Years, R/o DS
Dhani Hemaguda, Tehsil Chitalwana, District Jalor (Raj.).
----Petitioner
Versus
1. State of Rajasthan Through the Home Secretary, Home
Department, Government of Rajasthan, Jaipur.
2. The Secretary, Department of Personnel, Government of
Rajasthan, Jaipur.
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3. The Inspector General of Police (Headquarter), Jaipur.
4. The Police Commissioner, Commissionerate, Jodhpur.
----Respondents
(2) S.B. Civil Writ Petition No. 14966 / 2017
1. Bhupendra Singh S/o Sangram Singh, Aged About 25 Years,
R/o Village- Boya, Tehsil- Bali, District Pali.
2. Pushpendra Singh S/o Bahadur Singh Shaktawat, Aged About
24 Years, R/o Village- Sudani, Tehsil Garhi, District- Banswara.
3. Jaypal Singh Chouhan S/o Pushpendra Singh Chouhan, Aged
About 24 Years, R/o Village- Chirawala, Garha, District Banswara.
4. Harshit Pancholi S/o Mahendra Pancholi, Aged About 23 Years,
R/o Village- Barodiya, Tehsil- Garhi, District- Banswara.
5. Pushpendra Singh Ranawat S/o Rajendra Singh Ranawat, Aged
About 28 Years, R/o Village- Naya Padariya, Kalinjara, Tehsil-
Bagidora. District- Banswara.
6. Didpal Singh Chundawat S/o Karan Singh Chundawat, Aged
About 23 Years, R/o Rajput Mohalla, Arthuna, Tehsil Garhi, Distt.
Banswara.
7. Didpal Singh Rathore S/o Rajendra Singh, Aged About 23 Years,
R/o Rajput Mohalla, Arthuna, Tehsil Garhi, Distt. Banswara.
8. Pushpendra Singh Shaktawat S/o Ganpat Singh Shaktawat,
Aged About 24 Years, R/o Village- Nardhari, Post- Bansen, Tehsil-
Bhadesar District - Chittorgarh.
9. Mahaveer Sukhawal S/o Ratan Lal Sukhawal, Aged About 26
Years, R/o B-37, Reserve Police Line, District Chittorgarh.
(3 of 13)
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10. Pushpendra Singh Chouhan S/o Jagpal Singh Chouhan, Aged
About 24 Years, R/o Village- Gunjol, Tehsil- Nathdwara. District-
Rajsamand.
----Petitioners
Versus
1. The State of Rajasthan, Ministry of Home Affairs, Through the
Secretary, Jaipur, Rajasthan.
2. The Director General of Police, Police Headquarter, Jaipur,
Rajasthan, Jaipur.
3. Superintendent of Police, Udaipur.
4. Superintendent of Police, Chittorgarh.
5. Superintendent of Police, Banswara.
6. Superintendent of Police, Pratapgarh.
7. Superintendent of Police, Rajsamand.
----Respondents
(3) S.B. Civil Writ Petition No. 14974 / 2017
1. Kailash Singh Rathore S/o Ram Chandra Singh Rathore, Aged
About 26 Years, R/o Village- Saniya, Tehsil Didwana District-
Nagaur.
2. Bansilal Jat S/o Devi Lal Jat, Aged About 28 Years, R/o Village-
Ward No.4 Nr. Temple, Kanwarpura Murla, District- Chittorgarh.
3. Vinod Kumar S/o Bharta, Aged About 25 Years, R/o Village-
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Ward No. 1, Bagidora Road, Nagawada, District- Banswara.
4. Praveen Kumar Meena S/o Girdhari Lal Meena, Aged About 28
Years, R/o C/6, Radio Colony, Opp. Aakashvani Office, Paota C
Road, Jodhpur
5. Murlidhar Meena S/O Girdhari Lal Meena, Aged About 31 Years,
R/o C/6, Radio Colony, Opp. Aakashvani Office, Paota C Road,
Jodhpur
6. Bherulal Jat S/O Narayan Lal Jat, Aged About 28 Years, R/O
Jaton Ka Mohalla, Gaslo Ka Kheda Chakura District Chittorgarh.
7. Bharat Singh Shekhawat S/o Nandu Singh, Aged About 26
Years, R/O Village Malpur ,Post Gorisar Tehsil Ratangarh, District-
Churu.
8. Mahipal Singh Dewal S/o Deep Singh Dewal, Aged About 24
Years, R/O Village - Wada Bavji Post- Gajapura Tehsil Jaswantpura
District- Jalor.
9. Kuldeep Singh Chouhan S/o Fateh Singh Chouhan, Aged About
23 Years, R/O Village/Post Thikariya Tehsil Garhi, District -
Banswara.
10. Arun Singh S/o. Vaidhy Raj Singh, Aged About 23 Years, R/o.
Village/ Post Chandarwada, Tehsil Bagidora, District Banswara.
11. Pushpendra Singh S/o. Rajendra Singh, Aged About 25 Years,
R/o. 103, Rohaniya District Banswara.
12. Gajendra Singh Shaktawat S/o. Madhav Singh Shaktawat,
Aged About 24 Years, R/o. Village Kareli, Tehsil Bargaon, District
Udaipur
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13. Ravindra Singh Chundawat S/o. Karan Singh Chundawat, Aged
About 25 Years, R/o. Majawato Ka Guda, Tehsil Samora, District
Udaipur.
14. Harendra Pal Singh Rathore S/o. Devendra Pal Singh Rathore,
Aged About 25 Years, R/o. 24 Chandalwada, Kanela, District
Banswara.
15. Himmat Singh Hada S/o. Bhanwar Singh, Aged About 24
Years, R/o. Village Ratanga, Tehsil Jayal, District Nagaur.
16. Shivpal Singh Hada S/o. Ajeet Singh, Aged About 23 Years,
R/o. Village Ratanga, Tehsil Jayal, District Nagaur.
17. Surya Dev Singh S/o. Balvant Singh, Aged About 26 Years,
R/o. Village Anvana, Tehsil Baori, District Jodhpur.
18. Ratan Singh Bhati S/o. Chhotu Singh, Aged About 25 Years,
R/o. Village Sanwatkua, Tehsil Baori, District Jodhpur.
19. Dhirendra Singh S/o. Prathvi Singh, Aged About 23 Years, R/o.
Village Mansagar Danwra, Tehsil Baori, District Jodhpur.
----Petitioners
Versus
1. The State of Rajasthan, Ministry of Home Affairs, Through the
Secretary, Jaipur, Rajasthan.
2. The Director General of Police, Police Headquarter, Jaipur,
Rajasthan, Jaipur
3. Superintendent of Police, Banswara.
4. Superintendent of Police, Jalore.
(6 of 13)
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5. Superintendent of Police, Jodhpur.
6. Superintendent of Police, Udaipur.
7. Superintendent of Police, Nagour.
8. Superintendent of Police, Chittorgarh.
9. Superintendent of Police, Churu.
----Respondents
(4) S.B. Civil Writ Petition No. 14975 / 2017
1. Jujhar Singh S/o Sajat Singh, Aged About 28 Years, R/o Village-
Dhandhupura, Undkha District- Barmer.
2. Ganshyam Singh S/o Govind Singh, Aged About 23 Years, R/o
Village- Guda RamSingh, Post Gudha Kallan ,. Tehsil- Sojat,
District- Pali.
3. Sawai Singh S/o Veer Singh, Aged About 25 Years, R/o Village-
Dhandhupura, Undkha, District- Barmer.
4. Pardeep Singh S/o Hanuman Singh, Aged About 26 Years, R/o
Village/ Post- Tapu Post-, Tehsil- Osian District- Jodhpur.
5. Shyam Lal Lega S/O Bhanwar Lal, Aged About 28 Years, R/O
Village/Post Rajola Kallan, Tehsil Sojat District Pali.
6. Bajrang Singh S/O Mool Singh , Aged About 23 Years, R/O
Village Gigliya, Post Besroli, Tehsil Makrana District Nagour.
7. Suryapratap Singh S/o Mool Singh, Aged About 23 Years, R/O
Village Buttati , Tehsil Degana, District- Nagaur.
8. Govind Singh Shaktawat S/o Ram Singh Shaktawat, Aged About
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23 Years, R/O Village/Post- Gehunwada Tehsil Punali District-
Dungarpur.
9. Sidharaj Singh Shaktawat S/o Pravin Singh Shaktawat, Aged
About 24 Years, R/O Village-Nichala Guda , Post-badawali Nichala
Guda, Udaipur.
10. Ravindra Singh Rathore S/o Dayal Singh Rathore, Aged About
28 Years, R/O V/p- Rajliya, Tehsil- Nawa, District- Nagaur.
11. Manohar Singh S/o Oub Singh, Aged About 25 Years, R/O V/p-
Chandana, Tehsil-Siyana, District-jalore
12. Devendra Rathore S/o Balveer Singh, Aged About 26 Years,
R/o Village Mori Bika, Post Gedha Allan, Tehsil Makrana, District-
Nagaur.
13. Virendra Singh Rathore S/o Jorawar Singh Rathore, Aged
About 24 Years, R/O Village- Chundiyavada , Post-Kheda Samor,
Tehsil Kheda Samor, District-Dungarpur.
14. Raviraj Singh Chouhan S/o Daulat Singh Chouhan, Aged About
25 Years, R/O V/p-Chikhli , Tehsil Chikhli District-Dungarpur.
15. Arvind Singh Chouhan S/o Manohar Singh Chouhan, Aged
About 25 Years, R/O V/p- Chikhli, Tehsil Chikhli, District
Dungarpur.
16. Jignesh Kalal S/o Natwar Lal Kalal, Aged About 23 Years, R/O
V/p- Chikhli, Teshil-Chikhli , District- Dungarpur.
17. Sachin Vora S/o Mahesh Vora, Aged About 26 Years, R/O 79
New Colony Pratapgarh.
18. Naresh Kumar S/o Ranjeet Kumar, Aged About 28 Years, R/O
Village/Post Mor, Tehsil Ghari, District Banswara.
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19. Vinod Nayak S/O Raman Lal Nayak, Aged About 30 Years, R/O
Village/Post Agarpura, Tehsil- Garahi, District Banaswara.
20. Virendra Singh Chudawat S/O Oghad Singh Chudawat, Aged
About 24 Years, R/O A-9/1 VIvekanand Nagar,Near Police Line
Bhilwara.
21. Jagat Singh S/O Vikram Singh, Aged About 26 Years, R/O
Village/Post Jhab, Tehsil- Sachor, District Jalore.
22. Pushpraj Singh Chohan S/O Gajraj Singh, Aged About 23
Years, R/O Village Buchiya Bada, Tehsil Saroda, District
Dungarpur.
23. Jitendra Singh Jhala S/O Bhanwar Singh Jhala, Aged About 24
Years, R/O Village/ Post Jhalo Ka Gadha ,Tehsil Vajanwada, District
Banswara.
24. LOkendra Singh Chouhan S/O Man Singh Chouhan, Aged
About 24 Years, R/O Village/post Buchiya Bada, District Dugarpur.
25. Himmat Singh Chouhan S/O Manohar Singh Chouhan, Aged
About 23 Years, R/O Village/Post Mandav, Tehsil Sagwara, Ditrcit
Dugarpura.
26. Suresh Kumar Bishnoi S/O Asu Ram Bishnoi, Aged About 28
Years, R/O Village-Kantol, Post Nenol, District-Jalore.
27. Swaroop Singh S/o. Natwar Singh, Aged About 27 Years, R/o.
Village Post Pithapura, Tehsil Reodar, District-Sirohi.
28. Arjun Singh S/o. Malam Singh, Aged About 26 Years, Village
Serva, Tehsil Reoddar, District- Sirohi.
(9 of 13)
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29. Mahaveer Singh Deora S/o. Surendra Singh Deora, Aged
About 24 Years, R/o. Village Pithapura, Tehsil Reodar, District-
Sirohi.
30. Dilip Singh S/o. Hadmat Singh, Aged About 23 Years, R/o.
Village Serva, Tehsil Reodar, District-Sirohi
----Petitioners
Versus
1. The State of Rajasthan, Ministry of Home Affairs, Through the
Secretary, Jaipur, Rajasthan.
2. The Director General of Police, Police Headquarter, Jaipur,
Rajasthan, Jaipur
3. Superintendent of Police, Banswara.
4. Superintendent of Police, Dungerpur.
5. Superintendent of Police, Jalore.
6. Superintendent of Police, Jodhpur.
7. Superintendent of Police, Udaipur.
8. Superintendent of Police, Nagour.
9. Superintendent of Police, Partabgarh.
10. Superintendent of Police, Barmer.
11. Superintendent of Police, Pali.
12. Superintendent of Police, Sirohi.
(10 of 13)
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----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Mahaveer Bishnoi,
Mr. H.S. Bishnoi,
Mr. K.P. Raj Singh and
Mr. M.S. Deora
For Respondent(s) : Mr. Anil Bissa, AGC
_____________________________________________________
JUSTICE DINESH MEHTA
Judgment
17/11/2017
Petitioner(s) has/have preferred the present writ petition
mainly with a prayer that the respondents may be directed to
accept their off-line application form for the post of
Constable/Driver in pursuance of advertisement dated 18.10.2017
and they be further directed to permit the petitioners to appear in
the written examination. The petitioners' case is that the
respondents have not carried out recruitment for last 3-4 years,
during which period they have all become over age. It has also
been prayed that the respondents be directed to grant age
relaxation to the petitioners.
Learned counsel appearing for the petitioner(s) relied upon a
Co-ordinate Bench decision of this Court dated 03.05.2017,
rendered in S.B. Civil Writ Petition No.18005/2016 titled as
"Rajendra Prasad Jat & Ors. Vs. State of Rajasthan & Ors. and
submitted that the petitioners are also entitled for a similar
direction, as has been given by a Co-ordinate Bench at Jaipur.
Mr. Mahaveer Bishnoi invited attention of this Court towards
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Rule 11 of the Rajasthan Police Subordinate Service Rules, 1989
and contends that the respondents are having power to relax
upper age limit in exceptional cases.
Mr. Anil Bissa, learned Additional Government Counsel for
the respondents submitted that no direction for grant of relaxation
in the upper age limit can be issued as has been held in Catena of
decision of this Court and Hon'ble the Supreme Court.
To buttress his submission, Mr. Bissa cited a Division Bench
judgment dated 25.03.2014 rendered in D.B. Civil Special Appeal
(Writ) No.1151/2013 titled as "Rajasthan Public Service
Commission Vs. Mahendra Kumar & Ors.".
Heard learned counsels for both the sides and considered
submissions and judgments cited at Bar.
The legal position that this Court, in exercise of its power
under Article 226 of the Constitution of India, cannot issue a dictat
or writ or mandamus to grant relaxation in upper age limit, is
trite. This is also equally settled that it is within the domain of the
employer to grant relaxation in upper age cap, keeping into
consideration various factors, such as nature of job, fitness, etc.
This Court, therefore does not feel inclined to grant any
positive direction for grant of relaxation in upper age limit, merely
because for more than three years, no recruitment for the post of
Constable/Driver has taken place.
The Co-ordinate Bench of this Court, vide its judgment dated
03.05.2017 has only permitted the petitioners to submit their
representation with the simultaneous direction to the respondents
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to consider the same.
While issuing such direction, with a view to protect the
interest of the petitioners, this Court has directed the respondents
to accept their off-line application form; with a word of caution
that the same would not create any right or equity in petitioners
favour.
Looking to the innocuous order passed by the Co-ordinate
Bench of this Court at Jaipur, vide its judgment dated 03.05.2017,
this Court feels inclined to issue identical directions in the present
petition, as under:-
Therefore, in the interest of justice, each petitioner is
granted liberty to make representation to the State
Government on the anvil of Rule 46 of Rules of 1989
and other co-related rules applicable to the case of
relaxation with regard to the age. It is ordered that in
case the representation is filed by the petitioner in
individual capacity within two weeks from today, then
the State Government shall take decision upon the
representation so filed within a period of four weeks,
independently without persuaded by any observation
made by this Court.
It is further ordered that till the representation to be
made by the petitioners is considered by the State
Government, the respondent shall accept the
application form of the petitioners offline and proceed
with the process of recruitment considering the
application of each petitioner to be in order.
It is further clarified that in case the State Government
reject the representations of the petitioner or
petitioners, candidature of the petitioner/petitioners
shall be cancelled and they shall be at liberty to assail
the decision of the State Government. However, in
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case the State accepts representation and grant
relaxation, the respondents shall proceed ahead with
the matter. It is further clarified that the court has only
ordered that till the decision of the representation,
application of the petitioners shall be accepted offline
without commenting upon the rights of the State
Government to grant or refuse relaxation qua the age
of a candidate."
The respondents are directed to decide petitioners
representation or take a common decision applicable to all for
grant of relaxation in upper age limit, on or before 15.12.2017.
The direction to decide the petitioners' representation for
grant of relaxation in upper age limit has been issued only with a
view to ensure expeditious redressal of their grievance and the
same may not be construed to be a direction to decide the
petitioners' representation for grant of relaxation in upper age
limit in a particular manner.
These writ petitions are disposed of.
(DINESH MEHTA), J.
Anurag/158-159, 164, 170 & 171