Rajasthan High Court - Jaipur
Vikas Agarwal vs State Of Raj (Electricty And Ene)And Anr on 27 September, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.11666/2011 S.B. Civil Misc. Stay Application No. 10736/2011 (Vikas Agarwal Versus State of Rajasthan & Others) Date of Order :: 27th September, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. N.S. Sikarwar, counsel for the petitioner. Mr. S.P. Sharma, Counsel for the respondents BY THE COURT:
By way of the instant writ petition, the petitioner has implored that the respondents be directed to give relaxation in upper age limit to the petitioner and allow the petitioner to appear in the selection process for the post of Commercial Assistant-I and Commercial Assistant-II to be held in pursuance of advertisement dated 11.8.2011 and to give appointment to the petitioner on the post of Commercial Assistant-I and Commercial Assistant-II in pursuance of the impugned advertisement dated 11.8.2011, if otherwise find suitable and eligible as per other appointees.
Having considered the submissions made by the learned counsel for the petitioner as also the learned counsel for the respondents and carefully perused the relevant material on record, it is found that the respondents advertised the posts of Commercial Assistant-I and Commercial Assistant-II for appointment to be made in Jaipur Vidhyut Vitran Nigam Limited / Ajmer Vidhyut Vitran Nigam Limited / Jodhpur Vidhyut Vitran Nigam Limited. The case of the petitioner is that his date of birth as per school certificate is 16th March, 1978 and as per the advertisement (Annexure-3), the age limit to the said posts is 18 to 33 years on the last date of receipt of the application form. Learned counsel for the petitioner canvassed that he has crossed the age of 33 years as per the school certificate, hence the respondents may be directed to give relaxation in the matter of upper age limit.
Learned counsel for the respondents has opposed the submissions of the learned counsel for the petitioner for the simple reason that in the advertisement itself it is mentioned that the applicant must have attained the minimum age of 18 years and should not be more than 33 years of age on the last date of receipt of the application form for appointment on the post of Commercial Assistant-I and Commercial Assistant-II.
Learned counsel for the petitioner has utterly failed to make out a case in his favour as to how the court can direct the respondents to relax the upper age limit for appointment on the post of Commercial Assistant-I and Commercial Assistant-II. When the Rules or the advertisement issued by the Jaipur Vidhuut Vitran Nigam Limited tangibly suggest that the applicant must have attained the age of 18 years and he should not be more than 33 years of age, then how the respondents can be directed or asked to relax the upper age limit contrary to the Rules approved by the Board of Directors. The writ petition is found to be totally devoid of any substance in this regard and to my firm view, it deserves to be dismissed outrightly.
In view of above, the writ petition fails and the same being bereft of any merit stands dismissed.
On dismissal of writ petition, the stay application also stands dismissed.
(MAHESH BHAGWATI),J.
DK