Rajasthan High Court - Jodhpur
State Of Raj. & Ors vs Ramesh Kumar on 5 April, 2013
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
J U D G M E N T
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1023/2012 State of Rajasthan & Ors. Vs. Takhat Singh D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1024/2012 State of Rajasthan & Ors. Vs. Dhan Raj Mai & Ors.
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1025/2012 State of Rajasthan & Ors. Vs. Jaswant Singh D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1026/2012 State of Rajasthan & Ors. Vs. Jethu Singh D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1027/2012 State of Rajasthan & Ors. Vs. Tej Pal D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1028/2012 State of Rajasthan & Ors. Vs. Jalam Singh D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1029/2012 State of Rajasthan & Ors. Vs. Ramesh Kumar D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1030/2012 State of Rajasthan & Ors. Vs. Om Prakash D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1031/2012 State of Rajasthan & Ors. Vs. Umesh Kumar Sharma DATE OF ORDER : April 05, 2013 P R E S E N T HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE V.K. MATHUR Mr. G.R. Punia, Sr. Advocate & AAG With Mr. Mahendra Choudhary, Assistant to AAG, for the appellants with Mr. Jamvant Gurjar, Dy. Govt. Counsel Mr. Mahaveer Bishnoi with Mr. Hanuman Singh Choudhary, for the respondents _____ Heard finally with the consent of the parties.
22. These intra-court appeals are directed against interim order of Single Bench dated 20th December, 2012, whereby while reserving the judgment in writ petition and listing the matter on 3rd January, 2013 for pronouncement of order, passed an interim order directing the respondents not to proceed with the selection process and further not to issue admission cards.
3. From the submissions of learned counsel for the parties and pleadings available in the case, it appears that there was an advertisement for the post of Police Constables. The writ petitioners filed writ petitions before Single Bench praying therein that they may be granted the benefit of age relaxation as there was no determination of vacancies year-wise. Single Bench issued notice to show case to the respondents and passed interim order to the effect that State Government will take final decision in regard to the claim of the writ petitioners for relaxation of age and to produce the decision before this Court. A further direction was that writ petitioners will be permitted to submit their application forms and their applications will not be rejected on the ground of over-age. Thereafter, writ petitions were heard finally and impugned order dated 20th December, 2012 was passed, which is under challenge in these intra-court appeals.
4. Division Bench of this Court vide its order dated 21st December, 2012 stayed the part of order of Single Bench dated 20th December, 2012 i.e. "In the maeanwhile, respondents shall not 3 proceed in the selection process and shall not issue admission cards". In pursuance of interim order passed by Division Bench of this Court, the selection process started, admission cards were issued, written examination has taken place. The result of written examination has also been declared.
5. In these circumstances, learned counsel for both the parties have agreed to dispose of all these special appeals on the following terms and conditions:-
(i) The appellants i.e. State Government etc. is permitted to complete the selection process in pursuance of advertisement including holding of physical efficiency test.
(ii) Writ petitioners/respondents herein will be allowed to appear provisionally in physical efficiency test and their result will be kept in sealed cover along with their result of written examination and the same will be subject to the decision of the writ petitions.
(iii) It is made clear that it will not create any right in favour of any of the writ petitioners.
6. As agreed by parties, the special appeals are disposed of with the aforesaid terms and conditions. The order of Single Bench dated 20th December, 2012 is modified to the above extent.
7. Stay applications filed in intra-court appeals in all the cases also stand disposed of.
48. Registry is directed to place a copy of this order in each connected file.
[V.K. MATHUR],J. [NARENDRA KUMAR JAIN],J.
BKS/-