Rajasthan High Court - Jaipur
Neetesh Kumar Sharma 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. 21330 / 2017
1. Om Prakash Gurjar Son of Shri Musaram Gurjar, by Caste
Gurjar, Aged About 29 Years, R/o Village Ghata, Post Chiplata,
Tehsil Neem Ka Thana, District Sikar (raj.)
2. Bharat Singh Chawara Son of Shri Jagdish Chand Chawra, by
Caste Chawara, Aged About 31 Years, R/o Village Parsoli, Tehsil
Begu Via Bassi, District Chittorgah (raj.)
3. Sumer Singh Rathore Son of Shri Nathu Singh Rahtore, by
Caste Rathore, Aged About 24 Years, R/o Village Akodia, Tehsil
Jaitaran, District Pali (raj.)
4. Jannat Bai Wife of Shri Dataram Singh, Aged About 31 Years,
R/o Village Rajnota, Dhani Kerodi, Tehsil Kotputli, District Jaipur
(raj.)
5. Hari Singh Samota Son of Shri Ram Sahay Samota, Aged About
28 Years, R/o Chhitroli, Ganeshpura Ki Dhani, Post Bagru, District
Jaipur (raj.)
6. Tejendra Kumar Son of Shri Hanuman Prasad Meena, Aged
About 32 Years, R/o Dadiya Rampura, Tehsil Shrimadhopur,
District Sikar (raj.)
7. Buddhee Prakash Meena Son of Shri Ghasi Lal Meena, Aged
About 28 Years, R/o Village Shyopura, Post Palai, Tehsil Uniyara,
District Tonk (raj.)
8. Keshav Singh Rajput Son of Shri Vikram Singh Rajput, Aged
About 25 Years, R/o Village Kachreda, Post Raipur, Tehsil Neem Ka
Thana, District Sikar (raj.)
9. Devendra Son of Shri Rajendra, Aged About 28 Years, R/o
Village Sundaki Dhani Badwasi, Nawalgarh, District Jhunjhunu
(raj.)
10. Mahendra Singh Son of Shri Samdar Singh, Aged About 23
Years, R/o Village & Post Hukampura, Tehsil Udaipurwati, District
Jhunjhunu (raj.)
11. Somesh Kumar Gutam Son of Shri Shankar Lal Sharma, Aged
About 23 Years, R/o Village Vishanpura Charanwas, Tehsil Chomu,
District Jaipur (raj.)
12. Vikas Meel Son of Shri Lal Chand Meel, R/o 136, Girnar
Colony, Vaishali Nagar, Jaipur (raj.)
13. Hitesh Jatav Son of Shri Keshav Chand Jatav, R/o Dausa,
(2 of 12)
[CW-21330/2017]
District Dausa (raj.)
14. Sikandar Singh Son of Shri Abhay Singh, by Caste Singh, Aged
About 22 Years, R/o 132, Brij Mandal Kalwar Road, Jaipur (raj.)
15. Ganesh Singh Rajawat Son of Shri Inder Singh Rajawat, Aged
About 28 Years, R/o 67, Parvatiya Colony, Shastri Nagar, Jaipur
(raj.)
16. Suresh Kumar Bajiya Son of Shri Mangi Lal Bajiya, Aged About
31 Years, R/o Village Khejroli, Tehsil Chomu, District Jaipur (raj.)
17. Vijay Kumar Meena S/o Kailash Chand Meena, B/c Meena,
Aged About 28 Years, R/o Village & Post Nareda, Tehsil Kotputali,
District Jaipur 303105
18. Pyar Singh Gurjar S/o Nainu Lal, B/c Gurjar, Aged About 32
Years, R/o Village Jhanoon Boli, Tehsil Boli, District
Sawaimadhopur 302023
19. Ankit Sharma S/o Mr. Om Prakash Sharma, B/c Brahmin, Aged
About 26 Years, R/o Village & Post Rundal, Via Morija, District
Jaipur 303805
----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
Connected with S.B. Civil Writ Petition No. 21274 / 2017
1. Sagar Mal Saini S/o Govind Ram Saini, Aged About 29 Years, R/o Haanspur, Shri Madhopur, District Sikar (Rajasthan)
2. Vinod Kumar Siyag S/o Jagdish Ram Siyag, Aged About 28 Years, R/o VPO Mithariya, Tehsil Lunkaransar, Bikaner.
3. Ajit Singh Solanki S/o Kishor Singh Solanki, Aged About 25 Years, R/o Chak 110, RDL, Post Mokalsar, Tehsil Suratgarh, Shriganganagar, Rajashtan.
(3 of 12) [CW-21330/2017]
4. Bishan Singh S/o Bhim Singh, Aged About 25 Years, R/o Village 2 JDB, Jeshabhati, Tehsil Suratgarh, Shriganganagar, Rajasthan.
5. Raja Ram S/o Har Chand, Aged About 28 Years, R/o Ward No. 4, 75 LNP, Tehsil Padampur, Shriganganagar, Rajasthan.
6. Sunil Kumar S/o Banwari Lal, Aged About 28 Years, R/o Ward No. 11, Behind Civil Court, Tehsil Suratgarh, Shriganganagar, Rajasthan.
7. Ashok Kumar Sharma S/o Jeevraj Sharma, Aged About 25 Years, R/o Ward No. 6, Sharma Colony, Tehsil Chatragarh, Bikaner, Rajasthan.
8. Babu Lal S/o Ram Niwas, Aged About 25 Years, R/o Village Daloosar, Post Tolasar, Tehsil Sardar Sahar, Churu, Rajasthan.
9. Vakil Baagigar S/o Makhan, Aged About 28 Years, R/o Ward No. 9, Near Maharaja Cinema, Tehsil Suratgarh, Shriganganagar, Rajasthan.
----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. 21283 / 2017
1. Mukesh Kumar Sharma Son of Shri Teekam Chand Sharma, by Caste Brahmin, Aged About 27 Years, Resident of Swaipura, Tehsil Kandelsar, District Sikar (Raj.)
2. Smrati Kaushal Son of Shri Ram Manohar Kaushal, Aged About 23 Years, Resident of Village Allipur Bahera, Post Airayan, District Fatehpur (Uttar Pradesh)
3. Vishnu Kant Son of Shri Shiv Shankar, Aged About 23 Years, Resident of 50 Number Gate, Jayram Nagar, Fatehpur District Fatehpur (Uttar Pradesh).
4. Vikas Sharma Son of Shri Tikam Chand Sharma, by Caste Brahmin, Aged About 28 Years, Resident of 15, Shri Govind Nagar- 13, Jaipur (Raj.)
5. Radheyshyam Meena Son of Shri Mannaram Meena, by Caste (4 of 12) [CW-21330/2017] Meena, Aged About 33 Years, Resident of 35/36, Manna Sadan, Charan Nandi, Pratap Nagar, Jaipur (Raj.)
6. Kamlesh Kumar Meena Son of Shri Ram Narayan Meena, by Caste Meena, Aged About 32 Years, Resident of Dulhepura, Post Hod, Tehsil Khandela, District Sikar (Raj.)
7. Vimlesh Kumar Meena Son of Shri Ram Narayan Meena, by Caste Meena, Aged About 31 Years, Resident of Dulhepura, Post Hod, Tehsil Khandela, District Sikar (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 S.B. Civil Writ Petition No. 21285 / 2017
1. Rahul Kumar S/o Man Singh, Aged About 23 Years, R/o Village Barvar, Post Dorda, Tehsil Roopwas, District Bharatpur, Rajasthan
2. Vikram Kumar Sharma S/o Mohan Lal Sharma, Aged About 24 Years, R/o Village and Post Tholai, Tehsil Jamwaramgarh, District Jaipur, Rajasthan
3. Vinod Kumar Sharma S/o Chauth Mal Sharma, Aged About 23 Years, R/o VPO Dwarapura, Tehsil Baswa, District Dausa, Rajasthan
4. Lakhmee Chand S/o Hariram, Aged About 30 Years, R/o Village and Post Karahi, Tehsil Nadbai, District Bharatpur, Rajasthan
5. Rajesh Kumar Gurjar S/o Gutthal Singh, Aged About 31 Years, R/o Village and Post Mariyada, Tehsil Sikrai, District Dausa, Rajasthan
6. Subhash Chander S/o Tan Sukh, Aged About 28 Years, R/o VPO Thakari, Tehsil Rai Singh Nagar, District Sriganganagar, Rajasthan
7. Tiloka Ram S/o Rupa Ram, Aged About 25 Years, R/o Village Devasar, Post Sirangsar, Tehsil Nohar, District Hanumangarh, Rajasthan
8. Gori Shankar S/o Sukhram, Aged About 24 Years, R/o Village (5 of 12) [CW-21330/2017] Devasar, Post Sirangsar, Tehsil Nohar, District Hanumangarh, Rajasthan
9. Yogesh Sharma S/o Kailash Prasad Sharma, Aged About 23 Years, R/o Bohara Ki Dhani, Didwana, Tehsil Lalsot, District Dausa, Rajasthan
10. Naresh Dixit S/o Gopi Chand Dixit, Aged About 26 Years, R/o J-57, Ansal Sushant City-I, Kalwar Road, Machwa, Jaipur, Rajasthan
11. Manish S/o Manshraj, Aged About 24 Years, R/o Village Jatoli Kadeem, PO Konrer, Tehsil Deeg, District Bharatpur, Rajasthan
12. Manoj S/o Leela Dhar, Aged About 28 Years, R/o VPO Dalota, Tehsil Khetri, District Jhunjhunu, Rajasthan
13. Omprakash Yadav S/o Chhoturam Yadav, Aged About 28 Years, R/o Village Dhodhsar Via Govindgarh, Tehsil Chomu, District Jaipur, Rajasthan
14. Manmohan Sharma S/o Shyam Lal Sharma, Aged About 27 Years, R/o Village Sarjoly, Post Booj, Tehsil Jamwaramgarh, Jaipur, Rajasthan
15. Parvat Singh Jhala S/o Govind Singh, Aged About 28 Years, R/o Village Dewad, Tehsil and District Pratapgarh, Rajasthan
16. Kamal Singh Sisodiya S/o Bhagwan Singh, Aged About 26 Years, R/o Tehsil and District Pratapgarh, Rajasthan
17. Ram Niwas S/o Shankar Lal, Aged About 31 Years, R/o Chawadiya Road, Ganesh Colony, Borawar, Nagaur, Rajasthan
18. Ram Prasad Jat S/o Rameshwar Jat, Aged About 31 Years, R/o VPO Arwar, Tehsil Sarwar, District Ajmer, Rajasthan
19. Komal Sharma S/o Kalyan Sahay Sharma, Aged About 23 Years, R/o Kunthalda Khurd, Tehsil Bassi, District Jaipur, Rajasthan
20. Balraj Kulria S/o Jagdish Prasad, Aged About 31 Years, R/o Chhani Bari, Tehsil Bhadra, District Hanumangarh, Rajasthan
21. Husain Mohammad S/o Juma Khan, Aged About 32 Years, R/o Gora Ka Bas, Padu Kalan, Nagaur, Rajasthan
22. Chhail Singh Chouhan S/o Jalam Singh, Aged About 26 Years, R/o Village Joshiyad, Post Kumhari, Tehsil and District Nagaur, Rajasthan
23. Bajrang Singh Solanki S/o Raghunath Singh Solanki, Aged (6 of 12) [CW-21330/2017] About 25 Years, R/o Rajput Mohalla-II, Sankhana, Tonk (Raj.)
24. Kapil S/o Shivraj, Aged About 24 Years, R/o Rajputon Ka Bas, Roon, Nagaur (Raj.)
----Petitioners Versus
1. The State of Rajasthan Through Tis 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. 21269 / 2017
1. Gouri Shankar S/o Shri Maniram, Aged About 28 Years, R/o Deidas, Tehsil Nohar, District Hanumangarh, Rajasthan.
2. Vishnu Sharma S/o Babulal Sharma, R/o Khawarani Ji, District Jaipur.
3. Vedprakash S/o Shri Krishan Lal, R/o Village Deidas, District Hanumangarh, Rajasthan.
4. Ashok Kumar S/o Rajiram, R/o VPO Deidas, Tehsil Nohar, District Hanumangarh, Rajasthan.
5. Bhoop Singh S/o Indraj, R/o Deidas, Tehsil Nohar, District Hanumangarh, Rajasthan.
6. Suresh Kumar S/o Fularam, R/o Deidas, Tehsil Nohar, District Hanumangarh, Rajasthan.
7. Rajesh Kumar Gurjar S/o Shri Motilal Gurjar, R/o Rampura Gujran Tehsil Baswa, District Dausa, Rajasthan.
8. Gopal Choudhary S/o Shri Toduram, R/o Ward No. 08, Village Dheerajpura, Post Reta, Tehsil Dataramgarh, District Sikar, Rajasthan.
9. Vikas Achara S/o Shri Dharm Singh, R/o Ranasar, Tehsil Navalgarh, District Jhunjhunu, Rajasthan.
10. Rajulal Gurjar S/o Shri Bhanwar Lal Gurjar, R/o Naya Village Dingarian, Post & Tehsil Duni, District Tonk, Rajasthan.
11. Mangeelal S/o Jagdish, R/o Daulatpura, District Shri Ganganagar, Rajasthan.
(7 of 12) [CW-21330/2017]
12. Virender Suthar S/o Shri Daleep Kumar, R/o Ward No. 5, Gram Daulatpura, Ganganagar, Rajasthan.
13. Mahipal Singh Rathore S/o Laxman Singh Rathore, R/o Kalandri, Tehsil Sirohi, District Sirohi, Rajasthan.
14. Arvind Singh S/o Narpat Singh, R/o Chadwal, District Sirohi, Rajasthan.
15. Jhabar Mal Mahala S/o Ramnath Mahala, R/o Shri Madhopur, Dadiarampura, Sikar, Rajasthan.
16. Kuldeep Singh Rajput S/o Bhageerath Singh Rajput, R/o Village Ghajipur, Post Ghajipur, Tehsil Mahwa, District Dausa, Rajasthan.
17. Suneel Kumar Sharma S/o Devi Sahay Sharma, R/o Village Maharajpura, Tehsil Bair, District Bharatpur, Rajasthan.
18. Rahul Khandelwal S/o Ateyendra Kumar, R/o VPO and Tehsil Nagar, Distt. Bharatpur, Rajasthan.
19. Hari Singh S/o Shobha Ram, R/o Jhakhera Ka Bas Post Dhamora, Tehsil Udaipurvati, District Jhunjhunu, Raj.
20. Giriaj Sharma S/o Gordhan Sharma, R/o Ambhapura, Post Tordi Sagar, Tehsil Malpur, District Tonk, Raj.
21. Sandeep Kumar Khandal S/o Damodar Prasad, R/o Kanchanpura, Tehsil ShriM Madhopur, District Sikar, Rajasthan.
22. Gajanand Sharma S/o Ramgopal Sharma, R/o Khawarani Ji, District Jaipur.
23. Suresh Sharma S/o Kanihyalal Sharma, R/o 36, Maheshpuri Colony, Nivaru Road, Jhothwara, Jaipur.
24. Jagdish Prasad S/o Shri Hardat Singh, R/o Deidas, Tehsil Nohar, District Hanumangarh, Rajasthan.
25. Hanshraj Gurjar S/o Sukhlal Gurjar, R/o Village Naya Gaon Digariya, Post & Tehsil Duni, Distt. Tonk, Rajasthan.
----Petitioners Versus
1. The State of Rajasthan Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.
2. The Director General of Police, Police Headquarter, Rajasthan, Jaipur.
(8 of 12) [CW-21330/2017]
3. The Secretary, Department of Personnel, Government Secretariat, Jaipur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 21268 / 2017
1. Neetesh Kumar Sharma S/o Shri Hari Prasad Sharma, Aged About 28 Years, R/o VPO Khedli, Post Menapura, Tehsil Busawar, District Bharatpur (Raj.)
2. Bhanwar Lal Raiger S/o Ram Narayan, Aged About 30 Years, R/o Village Vijaypura, Post Raaythal, Via Kaladera, Tehsil Amer, District Jaipur (Raj.)
3. Deva Lal Gurjar S/o Shri Badri Lal Gurjar, Aged About 30 Years, R/o VPO Tilanju, Tehsil Maalpura, District Tonk (Raj.)
4. Prahlad Yadav S/o Mali Ram Yadav, Aged About 29 Years, R/o Village Govindgarh Tehsil Chomu, District Jaipur (Raj.)
5. Ajay Singh Shekhawat S/o Shri Ajeet Singh Shekhawat, Aged About 24 Years, R/o Village Salhadipura, Post Ramjipura Via Rainwal, Tehsil Phulera, District Jaipur (Raj.)
6. Ramniwas Vishnoi S/o Shri Birbal Ram Vishnoi, Aged About 32 Years, R/o VPO Mnana, Tehsil Makrana, District Nagor (Raj.)
7. Vikash Sharma S/o Dharmveer Sharma, Aged About 23 Years and 6 Months, R/o VPO Jhanjha, Tehsil Bhuaana, District Jhunjhunu, Rajasthan.
8. Lokendra Singh Chouhan S/o Bhawani Singh Chouhan, Aged About 25 Years, R/o 72A, Jamna Nagar Extension, Ajmer Road, Sodala, Jaipur (Raj.)
9. Raman Kumar Sharma S/o Kailash Chand Sharma, Aged About 28 Years, R/o VPO Holiyaka Bas, Tehsil Shrimadhopur, District Sikar, Rajasthan.
10. Virendra Singh Chouhan S/o Bhawani Singh, Aged About 24 Years, R/o 72A, Jamna Nagar Extension, Ajmer Road, Sodala, Jaipur (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.
(9 of 12) [CW-21330/2017]
----Respondents _____________________________________________________ For Petitioner(s) : Mr. Surendar Meel Adv., Mr. V.K. Vaishnav Adv., Mr. R.K. Kasana Adv., Mr. R.P. Saini Adv., Ms. Shashi Choudhary 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, 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 (10 of 12) [CW-21330/2017] 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 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 (11 of 12) [CW-21330/2017] 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 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 (12 of 12) [CW-21330/2017] particular manner.
The writ petitions are disposed of accordingly.
A copy of the order be placed in each file.
(ASHOK KUMAR GAUR)J. Monika