Rajasthan High Court - Jaipur
Hanuman Jat And Ors vs State Of Raj And Ors on 21 November, 2017
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 21290 / 2017
1. Hanuman Jat Son of Shri Jagdish Lal Jat, by Caste Jat, Aged
About 29 Years, Resident of Village Akodiya, Post Santhli, Tehsil
Deoli, District Tonk (Raj.)
2. Shelendra Singh Devda Son of Shri Man Singh Devda, by Caste
Devda, Aged About 24 Years, Resident of Village & Post Surpur,
Tehsil Banswada, District Banswada (Raj.)
3. Manoj Gurjar Son of Shri Mani Lal Gurjar, by Caste Gurjar, Aged
About 23 Years, Resident of Village Banala, Post Surpur, Tehsil
Banswara, District Banswara (Raj.)
4. Ajay Pal Singh Son of Shri Mohan Singh, Aged About 24 Years,
Resident of Village Ladanpur, Post Pokhar, Tehsil Mahawa, District
Dausa (Raj.)
5. Hari Ram Son of Shri Het Ram, Aged About 29 Years, Resident
of Village & Post Bhopalpur, Tehsil Suratgarh, District Shri
Ganganagar (Raj.)
6. Goru Lal Gurjar Son of Shri Devi Lal Gurjar, Aged About 28
Years, Resident of Village & Post Rakshi, Tehsil Baneda, District
Bhilwara (Raj.)
7. Madan Lal Sharma Son of Shri Babu Lal Sharma, Aged About 23
Years, Resident of Village Beladi, Tehsil & District Dausa (Raj.)
8. Ghanshyam Sharma Son of Shri Jagdish Prasad Sharma, Aged
About 24 Years, Resident of Village & Post Alsar, Tehsil Ratangarh,
District Churu (Raj.)
9. Dinesh Maharshi Son of Shri Anandi Lal Maharshi, Aged About
23 Years, Resident of Village Hardesar, Post Tidiyasar, Tehsil
Ratangarh, District Churu (Raj.)
10. Sunil Sharma Son of Shri Rambabu Sharma, Aged About 25
Years, Resident of Village Narharipura, Post Chandlai, Tehsil
Chaksu, District Jaipur (Raj.)
11. Shyam Sundar Sharma Son of Shri Satya Narayan Sharma,
Aged About 23 Years, Resident of Village Dehlod, Tehsil Niwai,
District Tonk (Raj.)
12. Hanuman Jain Son of Shri Gyan Chand Jain, Aged About 25
Years, Resident of Near Jain Mandir, Tehsil Peeplu Bagri, District
Tonk (Raj.)
13. Satyapal Bishnoi Son of Shri Kishnaram Bisnoi, Aged About 28
Years, Resident of Village & Post Sewada, Tehsil Raniwada, District
(2 of 9)
[CW-21290/2017]
Jalore (Raj.)
14. Ganpat Lal Mehla Son of Shri Ramdev Mehla, Aged About 31
Years, Resident of Village & Post Dantra Via Jathana, District
Ajmer (Raj.)
15. Virendra Sharma Son of Shri Ashok Sharma, Aged About 24
Years, Resident of Village Anchhapura, Post Hadiya Rot, Tehsil
Mahawa, District Dausa (Raj.)
16. Bhim Singh Gurjar Son of Shri Jagdihs Prasad Gurjar, Aged
About 32 Years, Resident of Village Dubbi, Post Biwai, Tehsil
Baswa, District Dausa (Raj.)
17. Ravi Shankar Sharma Son of Shri Kishan Sahay Sharma, Aged
About 26 Years, Resident of Ward No. 14, Village Aloda Via
Khatushyamji, District Sikar (Raj.)
18. Ram Karan Singh Choudhary Son of Shri Jairam Jat, Aged
About 28 Years, Resident of Village & Post Dhanota Via Itawa
Bhopji, Tehsil Shahpura, District Jaipur (Raj.)
19. Manphool Choudhary Son of Shri Ugram, Aged About 27
Years, Resident of Village Sainani Tehsil Mundwa, District Nagaur
(Raj.)
20. Devendra Kumar Sharma Son of Shri Rewad Mal Sharma,
Aged About 23 Years, Resident of Village Pattya, Post Nirjharna,
Tehsil Lalsoth, District Dausa (Raj.)
21. Mushtaq Gori Son of Shri Farukh Husain Gori, Aged About 24
Years, Resident of Village Kushalgarh, Tehsil Kushalgarh, District
Banswara (Raj.)
22. Maliram Raiger Son of Shri Bhairuram Raiger, Aged About 31
Years, Resident of Village & Post Pathredi Via Pragpura, Tehsil
Kotputli, District Jaipur (Raj.)
23. Dinesh Singh Son of Shri Om Singh, Aged About 25 Years,
Resident of Village Mithdi Kesrisingh, Post Devipura, Tehsil
Rajgarh, District Churu (Raj.)
24. Satish Sharma Son of Shri Girdhari Lal Sharma, Aged About
25 Years, Resident of Village Jahanpur, Post Molony, Tehsil Weir,
District Bharatpur (Raj.)
25. Mahendra Son of Shri Shankar Lal Tetarwal, Aged About 30
Years, Resident of Village Medas, Tehsil Riyawadi, District Nagaur
(Raj.)
26. Mukhram Gurjar Son of Shri Kajod Mal, Aged About 29 Years,
Resident of Village Sevran, Post Tevdi Via Med, Tehsil Virat Nagar,
District Jaipur (Raj.)
(3 of 9)
[CW-21290/2017]
27. Jagdish Prasad Choudhary Son of Shri Ram Choudhary, Aged
About 31 Years, Resident of Village Malikpur, Tehsil Malpura,
District Tonk (Raj.)
28. Ajay Kumar Sharma Son of Shri Ghasi Lal Sharma, Aged
About 25 Years, Resident of Village Mehsar Kalan, Tehsil & District
Dausa (Raj.)
29. Somesh Kumar Sharma Son of Shri Vishunu Prasad Sharma,
Aged About 25 Years, Resident of Village Mehsar Kalan, Tehsil &
District Dausa (Raj.)
30. Man Mohan Trivedi Son of Shri Giriraj Prasad Sharma, Aged
About 25 Years, Resident of Village Mehsar Kalan, Tehsil & District
Dausa (Raj.)
31. Girdhari Lal Nasuna Son of Shri Mangla Ram, Aged About 28
Years, Resident of Village Kalyanpura, Tehsil Dantaramgarh,
District Sikar (Raj.)
32. Praveen Singh Son of Shri Pabu Singh, Aged About 25 Years,
Resident of Village Khuni Ka Guda, Post Balrai Via Gundosh,
District Pali (Raj.)
33. Sumit Sambhariya Son of Shri Budhram Sambhariya, Aged
About 28 Years, Resident of Village Babai, Tehsil Khetri, District
Jhunjhunu (Raj.)
34. Ajay Raj Singh Shaktawat Son of Shri Sukh Singh Shaktawat,
Aged About 26 Years, Resident of Village & Post Bisundani, Tehsil
Kekri, District Ajmer (Raj.)
35. Bhanu Pratap Singh Son of Shri Gajendra Singh, Aged About
25 Years, Resident of Village Jharana, Tehsil Phagi, District Jaipur
(Raj.)
36. Nand Lal Jat Son of Shri Lal Chand, Aged About 28 Years,
Resident of Village & Post Shivsuinghpura Via Samod, Tehsil
Shahpura, District Jaipur (Raj.)
37. Narendra Kumar Sharma Son of Shri Babu Lal Sharma, Aged
About 23 Years, Resident of 157, Mohalla Dhobi, Kaladera, Tehsil
Chomu, District Jaipur (Raj.)
----Petitioners
Versus
1. State of Rajasthan, Department of Home, Through Its
Secretary, Govt. Secretariat, Jaipur (Raj.)
2. Director General of Police, Police Head Quarter, Lalkothi, Jaipur
(Raj.)
(4 of 9)
[CW-21290/2017]
3. Inspector General of Police, Police Headquarter, Lalkothi, Jaipur
(Raj.)
----Respondents
Connected with S.B. Civil Writ Petition No. 21300 / 2017
1. Vijay Singh S/o Shri Chunnee Lal Jat, Aged About 31 Years, R/o Nagal Udia, Post Jasai, Tehsil Mundawar, Distt. Alwar.
2. Sujan Singh S/o Hanumana Ram, R/o Nal Post Guda, Tehsil Sivana, District Barmer, Rajasthan.
3. Shaitan Singh S/o Manchha Ram Rajpurohit, R/o Indrana, Tehsil Sivana, District Barmer, Rajasthan.
4. Suresh S/o Chhagan Singh, R/o Village Jagasa, Tehsil Pachpadra, District Barmer, Rajasthan.
5. Abhishek Awasthi S/o Radhaballabh Awasthi, Aged About 25 Years, R/o 127, Nehru Nagar, Mungaska, 200 Ft. Road, Alwar, Rajasthan.
6. Rajuram S/o Shri Madan Lal Gurjar, Aged About 29 Years, R/o Village Bhatipura, Post Chousala, Tehsil Nawa City, District Nagaur, Raj.
----Petitioners Versus
1. The State of Rajasthan Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.
2. The Director General of Police, Police Headquarter, Rajasthan, Jaipur.
3. The Secretary, Department of Personnel, Government Secretariat, Jaipur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 21311 / 2017
1. Bharat Kumar Sharma S/o Sh. Sita Ram Sharma B/c Brahmin, Aged About 27 Years, R/o Banwada Post- Chougai Tehsil Peeplu District Tonk (Rajasthan).
2. Krishna Sharma S/o Devkaran Sharma, B/c Brahmin, Aged About 26 Years, R/o Village- Lahan Post- Bajirpur, Teh & District Tonk (Rajasthan).
3. Saurav Sharma S/o Sh. Narendra Sharma, B/c- Brahmin, Aged About 23 Years, R/o Village- Rudawal, Tehsil- Roopwas, District Bharatpur (Rajasthan).
(5 of 9) [CW-21290/2017]
4. Sanjay Kumar Mahla S/o Dariya Singh Mahla B/c Jat, Aged About 31 Years, R/o Mukam Post Dungrana, Tehsil- Bhadara District- Hanumangarh (Rajasthan).
----Petitioners Versus
1. State of Rajasthan Through Principal Secretary (Home), Department of Home, Rajasthan, Secretariat, Jaipur (Rajasthan)
2. Director General of Police, Rajasthan, Police Head Quarters, Jaipur (Rajasthan).
3. The Secretary Department of Personal, Govt. Secretariat Jaipur.
----Respondents S.B. Civil Writ Petition No. 21301 / 2017 Pushpendra Singh Chouhan S/o Shri Nathu Singh Chouhan, Aged About 28 Years, R/o A 549, Sanjay Colony, Behind Subhash Nagar Thana, Bhilwara.
----Petitioner Versus
1. State of Rajasthan Through the Secretary, Department of Home Affairs, Rajasthan, Jaipur.
2. Director General of Police, Rajasthan, Lal Kothi, Jaipur.
3. Inspector General of Police, Ajmer Range Ajmer.
4. Superintendent of Police, District Ajmer (Raj.)
----Respondents S.B. Civil Writ Petition No. 21302 / 2017 Hem Kanwar Chouhan D/o Shri Nathu Singh Chouhan, Aged About 30 Years, R/o A 549, Sanjay Colony, Behind Subhash Nagar Thana, Bhilwara.
----Petitioner Versus
1. State of Rajasthan Through the Secretary, Department of Home Affairs, Rajasthan, Jaipur.
2. Director General of Police, Rajasthan, Lal Kothi, Jaipur.
3. Inspector General of Police, Ajmer Range Ajmer.
4. Superintendent of Police, District Ajmer (Raj.)
----Respondents (6 of 9) [CW-21290/2017] S.B. Civil Writ Petition No. 21298 / 2017
1. Luv Kush Singh Rajput Son of Shri Guman Singh, by Caste Rajput, Aged About 23 Years, Resident of Village & Post Keshra, Tehsil Mahuwa, District Dausa (Raj.)
2. Jeetu Parihar Son of Shri Bajrang Yogi, by Caste Yogi, Aged About 27 Years, Resident of Village Khediram, Tehsil Phulera, District Jaipur (Raj.)
----Petitioners Versus
1. State of Rajasthan, Department of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.)
2. Director General of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.)
3. Inspector General of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.)
----Respondents _____________________________________________________ For Petitioner(s) : Mr. Rajendra Singh, Adv. Mr. Kuldeep Kumar Sharma, Adv. Mr. Surendar Meel, Adv. Mr. Kunal Rawat, Adv., Mr. Vinod Kumar Sharma Adv.
For Respondent(s) : Dr. A.S. Khangarot, Addl. Govt. Counsel _____________________________________________________ HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 20/11/2017 The petitioners of the present batch of petitions have sought a mandamus against the respondent/State to accept the application form online or hard copy of the petitioners with regard to the post of Constable (General) and (Driver) for advertisement of the year 2017 by giving the age relaxation of upper age limit in view of the notification dated 23.9.2008. Learned counsel for the petitioners has further prayed that the petitioners may be permitted to the appear in the written examination and in case, (7 of 9) [CW-21290/2017] they succeed, they may be given appointment with all the consequential benefits.
Learned counsel for the petitioners have further place reliance on an order dated 10.11.2017 passed in S.B. Civil Writ Petition No.13917/2017, (Kishore Singh Gehlot Vs. State of Rjasthan & Ors.). The Co-ordinate Bench at principal seat Jodhpur, while considering the similar grievance of the candidates like petitioners, has disposed of the writ petition.
Dr. A.S. Khangarot, AAG, counsel for the respondent also submits that the Principal Seat at Jodhpur has passed the order directing the candidates to submit their representation for grant of relaxation in upper age, however, he submits that the direction so given may not be taken as a direction to decide the petitioner's representation for grant of relaxation in upper age limit in a particular manner.
The Principal Seat at Jodhpur, while passing the order dated 10.11.2017 has taken into account the judgment of the Division Bench dated 25.3.2014 passed in D.B. Civil Special Appeal (Writ) No.1151/2013, Rajasthan Public Service Commission Vs. Mahendra Kumar & Ors., wherein the Division Bench has declined to grant benefit of age relaxation and has further set aside the order of Single Bench dated 26.8.2013 granting benefit of the age relaxation.
The Co-ordinate Bench at Jodhpur, considered the judgment dated 3.5.2017 and disposed of the writ petition in the following manner:-
"Looking to the innocuous order passed by the (8 of 9) [CW-21290/2017] 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 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 canceled and they shall be at liberty to assail the decision of the State Government. However, in 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 present writ petitions are also decided in the same terms as the decided by order dated 10.11.2017 at principal seat Jodhpur.
The respondents are directed to decide petitioner's (9 of 9) [CW-21290/2017] representation or take a common decision applicable to all for grant of relaxation in upper age limit, on or before 15.12.2017.
The respondents are directed to accept offline forms (manually) of the petitioners which they are required to give before last date i.e. 21.11.2017.
The direction to decide the petitioners' representation for grant of relaxation in the upper age limit has been issued with a view to ensure speedy redressal of their grievance and same may not be taken to be a direction to decide the petitioner's representation for grant of relaxation in upper age limit in a particular manner.
The writ petitions are disposed of accordingly.
A copy of this order may be placed in each file.
(ASHOK KUMAR GAUR)J. Monika