Rajasthan High Court - Jaipur
Dharmendra Sharma vs State Of Raj And Ors on 8 November, 2011
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No.447/2008 Dharmendra Sharma Versus State of Rajasthan & ors 8.11.2011 HON'BLE MR. JUSTICE MN BHANDARI Mr Tanveer Ahmed - for petitioner Dr VB Sharma, Addl GC for respondents BY THE COURT:
Learned counsel for petitioner submits that the controversy involved in this writ petition is covered by the judgment rendered by this court in bunch of cases led by SB Civil Writ Petition No.8046/2008 Pawan Kumar Bardiya & ors Vs State of Rajasthan & anr decided on 18.8.2011. It is a case where petitioner is overage by one month for appointment to the post of Nurse Gr II, hence, he made a representation for grant of age relaxation. No advertisement for the aforesaid post was issued for the last four years to the year of the advertisement in question. This court, while considering the case of Pawan Kumar Bardiya (supra), held that one cannot be treated within age limit only for the reason that no recruitment was held in previous year(s) in the light of the judgment of the Apex Court in the case of RPSC vs Smt Anand Kanwar, Civil Appeal No.52/93, decided on 8.2.1995, but a direction was issued to the State Government to consider the representation of the petitioners in the light of the facts available.
Learned counsel for respondents submits that if the direction is issued, necessary consideration would be made by the State Government in regard to the prayer for grant of age relaxation.
I have considered submissions of learned counsel for the parties and perused the record of the case.
Since the main controversy involved in the present matter has already been settled by this court in the case of Pawan Kumar Bardiya (supra), this writ petition is ordered to be governed by the aforesaid judgment. Accordingly, respondents are directed to consider and decide the representation made by the petitioner for grant of age relaxation. The outcome of the consideration made may be made known to the petitioner at the earliest and if grievance is found genuine consequential consideration of candidature of the petitioner may be made. In case of adverse order, petitioner would be at liberty to take appropriate legal recourse.
(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