Rajasthan High Court - Jaipur
Jairam Meena And Ors vs State Of Raj And Ors on 6 September, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11965/2018
1. Jairam Meena S/o Bharath Ram Meena, R/o 65-B, Ashok
Vatika, Delhi Road, Jaipur, Rajasthan.
2. Prahlad Kumar Verma S/o Shree Ram Chandra Verma,
R/o 37, Regron Ka Mohalla, Shree Ram Floor Mill,
Jhotwara, Jaipur, Rajasthan.
3. Ganpat Lal Balai S/o Nola Ram, R/o Badka Charanwas,
Post Danta, District Sikar Rajasthan.
4. Balbir Singh Meghwal S/o Lila Ram Meghwal, R/o Village
Post Paota, Tehsil Kotputli, District Jaipur, Rajasthan.
5. Laxmi Kant Mourya S/o Mukh Ram Verma, R/o Village
Bandka, Post Chatrpura, Viya Narayanpur, Tehsil Bansur,
District Alwar, Rajasthan.
6. Krishna W/o Vikram Gurjar, R/o Dhani Bagawali, Post
Bhoodli, Tehsil Neem Ka Thana, District Sikar, Rajasthan.
7. Yogendra Kumar Sharma S/o Prahlad Das Sharma, R/o
Bara Takhta, Tonk, Rajasthan.
8. Ranvir Singh S/o Ramroop Singh, R/o Village And Post
Sinsini, Tehsil Deeg, District Bharatpur.
9. Dayoli Ram S/o Cheetaria, R/o Village Nagalamana, Post
Dhanwara, Tehsil Kumher, Distt. Bharatpur.
10. Jai Singh S/o Surja Ram, R/o Village Thothi, Post Gadli,
Tehsil Buhana, District Jhunjhunu.
11. Dan Singh S/o Ganga Singh, R/o Maloni Khurd, Tehsil
Roopwas, District Bharatpur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan Through Its Principal Education
Secretary, Government Secretariat, Jaipur.
2. The Secretary, Department Of Personnel, Secretariat,
Jaipur.
3. Rajasthan Subordinate And Ministerial Services Selection
Board, Through Its Secretary, State Institute Of
Agriculture Management Premises, Durgapura, Jaipur -
302018, Rajasthan, India.
4. The Director, Secondary Education, Bikaner
(D.B. SAW/1478/2019 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 06/06/2021 at 07:51:03 PM)
(2 of 3) [CW-11965/2018]
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini
For Respondent(s) : Mr. Sandeep Kumar Maheshwari for
RSSB
Mr. Akash Verma on behalf of
Mr. S. Zakawat Ali, Addl. G.C.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 06/09/2019 Matter comes up on an application seeking declaration of of the result of the petitioners for the post of Physical Training Instructor (PTI) Grade-III.
Learned counsel appearing for the respondent-Rajasthan Staff Selection Board submits that the petitioners filed a frivolous petition as the Board had already granted relaxation upto three years. Even before filing of the writ petition, in spite of three years relaxation granted in terms of the RSR and proviso to Rule 9 of the Rajasthan Educational Sub-ordinate Service Rules, 1971, the petitioners are beyond the relaxed age also. From the chart, which has been annexed alongwith writ petition, it is apparent that all of them are about 47 years or above. Thus, the interim order passed by this Court on the basis of the contentions raised that the petitioners would be completed 41 years in the month of July, 2018 and relaxation of age of one year would be entitled to them, is a misstatement made in the Court. On the basis of a wrong statement, interim order passed by this Court on 31.05.2018 allowing the petitioners to participate in the recruitment process, which could not have been done in view of being overage even after age relaxation.
(D.B. SAW/1478/2019 has been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 07:51:03 PM) (3 of 3) [CW-11965/2018] Learned counsel appearing for the petitioners submits that all of them have participated and failed and there would be served no purpose now.
A person cannot be allowed to make a wrong statement in Court on the basis of which, interim orders are passed. Admittedly, the petitioners were of the age of 47 years or above and while a statement made before the Court, they were of 41 years of age. This resulted in the passing interim order in their favour. It was also not informed to the Court that three years age relaxation has already been granted. Thus, it is a case where an attempt has been to mislead the Court and frivolous writ petition was filed accordingly.
This writ petition is dismissed imposing cost of Rs. 10,000/- on each of the petitioners. The amount of cost shall be recoverable from each of them as arrears of land revenue, if the same is not deposited within a period of one month in the Rajasthan State Legal Services Authority at Jaipur.
(SANJEEV PRAKASH SHARMA),J MADAN MEENA /374/87 (D.B. SAW/1478/2019 has been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 07:51:03 PM) Powered by TCPDF (www.tcpdf.org)