Rajasthan High Court - Jaipur
Sunita Devi D/O Shri Ishwar Singh W/O ... vs State Of Rajasthan on 23 May, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9391/2020
Sunita Devi D/o Shri Ishwar Singh W/o Shri Balwan Singh, Aged
About 37 Years, Resident Of Quarter No. 149, H-Block, 5Th
Battalion, R.a.c. Ghat Gate, Jaipur-302003, Presently Posted As
Head-Constable (132), F Company, Maharana Pratap Battalion,
R.a.c. (I.r.), Pratapgarh,, Rajasthan, Camp Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Additional Chief Secretary,
Home Department, Government Secretariat, Jaipur.
2. Director General Of Police, Rajasthan, Police Head-
Quarter, Lal Kothi, Tonk Road, Jaipur.
3. Secretary, Rajasthan Public Service Commission, Jaipur
Road, Ajmer.
----Respondents
For Petitioner(s) : Mr. Laxmi Kant Malpura. For Respondent(s) : Mr. Rajesh Maharshi, AAG.
Mr. M.F. Baig.
HON'BLE MR. JUSTICE INDERJEET SINGH Order 23/05/2022 This writ petition has been filed by the petitioner with the following prayer:-
"It is, therefore, respectfully prayed that your Lordships may pleased to accept and allow the Writ Petition and by an appropriate writ, order or direction:-
i) the order / letter dated 14.08.2020 (Annexure-10) issued by the respondent RPSC whereby the candidature of the petitioner has been rejected by mentioning the fact that the age of the petitioner as on 01.01.2019 is excess as prescribed in the advertisement/ corrigendum, may kindly be ordered to be quashed and set aside;(Downloaded on 27/05/2022 at 09:51:27 PM)
(2 of 3) [CW-9391/2020]
ii) by an appropriate writ, order or direction the respondents may kindly be directed to give age relaxation to the petitioner by treating her the state government employee and consider her candidature on merit for the post of Sub Inspector Police under the Sub Inspector Police Joint Competitive Examination,2016 and she may be allowed to participate in the interview and in case the petitioner is found eligible she may be given appointment on the said post;
iii) any other order or direction which this Hon'ble Court deems just and proper may also be passed in the facts and circumstances of the case."
Brief facts of the case are that in pursuance to the advertisement dated 05.10.2016, the petitioner applied for the post of Sub-Inspector/Platoon Commander, however, she is already working in the Police Department.
The petitioner is seeking double benefits of age relaxation under the two categories one OBC category and second Departmental candidate category, however, her candidature has been rejected on the ground of overage.
Counsels for the respondents have opposed the writ petition filed by the petitioner and submitted that the petitioner is overage, therefore, prayed for dismissal of the writ petition filed by the petitioner.
Heard counsel for the parties and perused the record. This writ petition filed by the petitioner deserves to be dismissed on the ground that the petitioner cannot claim double benefits of age relaxation under the two categories one OBC category and second Departmental candidate category and admittedly, the petitioner has got relaxation in the age under the OBC category, therefore, I am not inclined to exercise the (Downloaded on 27/05/2022 at 09:51:27 PM) (3 of 3) [CW-9391/2020] jurisdiction of this court under Article 226 of the Constitution of India.
In that view of the matter, this writ petition is dismissed.
(INDERJEET SINGH),J MG/136 (Downloaded on 27/05/2022 at 09:51:27 PM) Powered by TCPDF (www.tcpdf.org)