Rajasthan High Court - Jodhpur
Bheem Singh Udawat vs State Of Rajasthan And Ors on 11 October, 2022
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13347/2017
Bheem Singh Udawat S/o Sh. Roop Singh Udawat, R/o House No
176/25, Shiv Shakti Nagar, Nandari, Banar Road, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. The State of Rajasthan through its Secretary, Department
Of Panchayati Raj and Rural Development, Secretariat,
Government Of Rajasthan, Jaipur.
2. The Director, Department of Panchayati Raj and Rural
Development, Government of Rajasthan, Jaipur
3. The Secretary, The Rajasthan Subordinate and Ministerial
Service Selection Board, Premises of State Agriculture
Management Institute, Durga Pura, Jaipur
----Respondents
For Petitioner(s) : Mr. M.L. Deora
For Respondent(s) : Mr. M.S. Godara for
Mr. J.K. Mishra
HON'BLE MS. JUSTICE REKHA BORANA
Order 11/10/2022 The present writ petition has been filed aggrieved of the non selection of the petitioner on the post of Librarian Grade-III in pursuance to the advertisement dated 21.09.2016.
The case of the petitioner is that in terms of the advertisement, 12.5% reservation was provided to the ex- servicemen. In terms of the result and the cut off marks declared for the ex-servicemen, petitioner was the only person to be selected in the category. The cut off marks as declared for the category of ex-servicemen was 124.1072 and the petitioner (Downloaded on 12/10/2022 at 08:32:26 PM) (2 of 4) [CW-13347/2017] obtained 124.1072 marks, i.e. the exact cut off marks. However, the name of the petitioner did not find place in the final select list and he was not accorded appointment. On being inquired, it was informed that as the petitioner was above 50 years of the age, the upper age limit prescribed for ex-servicemen, he was not accorded appointment. The case of the petitioner is that he was 51 years and 6 months of age on 01.01.2017 and was therefore entitled to be selected in terms of clause 8 of the advertisement. Clause 8 of the advertisement in question provided as under: -
"08%& vk;q%&vkosnu 1] tuojh 2017 dks 18 o"kZ dh vk;q izkIr dj pqdk gks rFkk 35 o"kZ dk ugha gqvk gks] ijUrq jkT; ljdkj dh vf/klwpuk Øekad ,Q-7@6@dkfeZd@d&II@2008 fnukad 23-09-2008 ds vuqlkj ^^ftl HkrhZ o"kZ fo'ks"k esa lh/kh HkrhZ ds inksa ds fy;s HkrhZ ugha gqbZ gks vkSj ;fn dksbZ vkosnd ml o"kZ dh HkrhZ esa vk;q dh n`f"V ls ik= Fkk rks mls vk;q dh n`f"V ls ik= ekuk tkosxk] fdUrq ;g NwV 3 o"kZ ls vf/kd ugha nh tkosxhA** Li"Vhdj.k%& iqLdky;k/;{k xzsM&III HkrhZ ijh{kk dk vk;kstu foxr 03 o"kZ esa ugha gksus ds dkj.k leLr vkosndksa dks vf/kdre vk;q lhek esa 3 o"kZ dh vkSj NwV nh tk,xhA mPpre vk;q lhek esa vU; fo'ks"k Jsf.k;ksa es NwV fuEu izdkj ns; gksxh %& 1- .............
8. jktLFkku flfoy lsok ¼HkwriwoZ lSfudksa dk vkesyu½ fu;e] 1988 esa fufgr izko/kku ds rgr HkwriwoZ lSfudksa ds fy, vkjf{kr inksa ds fo:) budh Åijh vk;q lhek 50 o"kZ gksxh ijarq Øke@ohj pØ ;k dksbZ vU; mPp fo'ks"k ;ksX;rk /kkjdksa dh n'kk esa mPp vk;q lhek 02 o"kZ rd f'kfFky djus ;ksX; gksxhA"
(Downloaded on 12/10/2022 at 08:32:26 PM)
(3 of 4) [CW-13347/2017]
Learned counsel for the petitioner submitted that a
relaxation of three years in age was granted to all the applicants irrespective of any category in terms of the notification dated 23.09.2008 of the State Government which provided that if no recruitment process has been undertaken during the intervening period, the person who had been eligible in the respective years when no recruitment process took place, would be deemed to be eligible in the present recruitment but the said relaxation was kept limited to a period of three years only. He further submitted that the maximum age limit prescribed for ex-servicemen was 50 years in terms of clause 8(8) of the advertisement and the relaxation of three years as granted to all the applicants makes the upper age limit to be 53 years for the ex-servicemen. The petitioner being 51 years and 6 months of age on 01.01.2017 was very well within the prescribed age limit and therefore ought to have been selected.
Per contra, learned counsel for the respondents submitted that the upper age limit of 50 years as prescribed for the ex- servicemen was itself a relaxation and therefore, the relaxation of three years would not be applicable to them as two relaxations simultaneously cannot be granted to an applicant/candidate. He further submitted that clause 8(8) of the advertisement specifically provided the maximum age limit for ex-servicemen to be 50 years and the same was not subject to any relaxation.
Heard learned counsel for the parties and perused the material available on record.
It is admitted that the upper age limit prescribed for the ex- servicemen was 50 years in terms of clause 8(8) of the advertisement. The clarification appended to clause 8 specifically (Downloaded on 12/10/2022 at 08:32:26 PM) (4 of 4) [CW-13347/2017] provided that the recruitment process for the post of Librarian Grade-III had not been conducted for the preceding three years and therefore a relaxation of three years of age would be granted to all the applicants in addition to the age limit already prescribed. Therefore, the most natural interpretation from a co-joint reading of clause 8(8) of the advertisement and the clarification to clause 8 would be that the age limit for the ex- servicemen category would be 50 + 3=53 years. The petitioner admittedly being 51 years and 6 months of age on 01.01.2017, was entitled to the relaxation in age.
Accordingly, the present writ petition deserves to be and is hereby allowed. As by virtue of the interim order dated 14.10.2017, a seat in the category of ex-servicemen has already been directed to be kept vacant, it is hereby directed that the petitioner, if otherwise found eligible, be accorded appointment on the said post within a period of one month from the date of receipt of copy of the present order. It is made clear that the petitioner would not be entitled to monetary benefits but would be entitled to notional benefits from the date the person junior in merit to him had been accorded appointment.
All the pending applications stand disposed of.
(REKHA BORANA),J 100-Dharmendra/-
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