Rajasthan High Court - Jodhpur
Ravi Dutt Kalla vs State (Panchayat Raj) & Ors on 9 February, 2012
Author: Mn Bhandari
Bench: Mn Bhandari
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
SB Civil Writ Petition No.1137/2012
Ravi Dutt Kalla versus State of Rajasthan & anr
9.2.2012
HON'BLE MR. JUSTICE MN BHANDARI
Mr Pramendra Bohra - for petitioner
BY THE COURT:
It is stated that petitioner/s crossed the age limit provided for appointment to the post of Junior Engineer (Civil) (Diploma Holder).
Similar controversy came up before this Court in the case of Pawan Kumar Bardiya & Ors. Versus State of Rajasthan & Anr. - SBCWP No.8046/2008, decided on 18.8.2011 and, therein, referring to the judgment of the Hon'ble Apex Court in the case of R.P.S.C., Ajmer Versus 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 petitioner/s may be covered by the aforesaid judgment and accordingly a direction may be given for consideration of the representation in the light of the fact that for last 4 years, no recruitment to the post in question has been undertaken.
In view of the aforesaid, this writ petition is disposed of with the direction to the respondents to consider petitioner/s' representation in the light of the judgment in the case of Pawan 2 Kumar Bardiya (supra) and taking note of the hardship and the last recruitment being in the year 2007, respondents are expected to take a proper view as indicated in the judgment referred to above. It is clarified that respondents will apply the ratio of the aforesaid judgment instead of going into the facts therein. The petitioner/s will, however, enclose the copy of the judgment supra while copy of this order is served on the respondents.
The consideration on the representation may be made at the earliest and, in any case, within a peiriod of three weeks from the date of receipt of representation. Till then, respondents are expected not to debar the petitioner/s for appearance in the selection, may be on provisional basis subject to final outcome of ther representation. In case of any difficulty in carrying out the directions of this court, respondents would be at liberty to seek clarification/ modification of this order. The same liberty is given to the petitioner/s in case any clarification is required.
This disposes of the stay application also.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW