Rajasthan High Court - Jaipur
Vikram Singh Shekhawat vs State (Education Department)Anr on 26 July, 2016
Author: M.N.Bhandari
Bench: M.N.Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CIVIL WRIT PETITION NO.11765/2015 (Vikram Singh Shekhawat Vs. State of Rajasthan & Anr.) Date of Order : 26th July, 2016 HON'BLE MR. JUSTICE M.N.BHANDARI Mr.Abhishek Pareek for Mr.Gaurav Sharma, for the petitioner(s). Mr.Sanjay Sharma, Government Counsel for the State. Mr.MF Baig, for the respondent(s). By the Court :
With the consent of learned counsel for the parties, this writ petition is heard finally.
The Rajasthan Public Service Commission (for short RPSC) issued an advertisement on 18th September, 2013 for various posts including the post of PTI Gr.II & III. The petitioner applied for the post but held to be ineligible being overage.
Learned counsel submits that petitioner is an Outstanding Sports Person and, if benefit of reservation of 2 per cent is extended to him, he is entitled to get appointment. The benefit of reservation has been denied to the petitioner ignoring the amendment made in the Rules to provide 2 per cent reservation to the Outstanding Sport Persons. A direction is accordingly sought for appointment of the petitioner on the post of PTI Gr.II or III, subject to his merit, after extending benefit of reservation.
It is further contended that various categories have been extended benefit of reservation and also relaxation in age but similar benefit has not been extended to the Outstanding Sports Persons in discrimination. In view of the above, relaxation in age should also be provided to the Outstanding Sports Persons and thereby, the petitioner should not be treated ineligible for appointment on the post in question.
Learned counsel for the respondents have opposed the petition. It is stated that prior to the advertisement dated 18th September, 2013, earlier advertisement was issued on 14th December, 2011. In the light of the aforesaid and as per the amended Rules of 1999, the petitioner is not entitled for relaxation in age. The petitioner is overage and in absence of any relaxation in age for the Outstanding Sports Persons, the prayer made by the petitioner may not be accepted. It would otherwise be de hors the rules applicable to the selection. A prayer is accordingly made to dismiss the petition.
I have considered the submissions of learned counsel for the parties and perused the record.
The petitioner applied for the post of PTI Gr.II & III in pursuance to the advertisement dated 18th September, 2013. He is having sports certificate, which makes him entitled for reservation of 2 per cent meant for Outstanding Sports Persons. The fact aforesaid has not been denied. The petitioner could not get appointment being overage. As per the advertisement and rules, a candidate should not be of more than 35 years as on 01st January following the year of advertisement. The advertisement herein was issued in the year 2013, thus cut off date to determine the maximum age of any candidate was fixed as on 01st January, 2014. The petitioner's date of birth is 05th February, 1976, thus as on 01st January, 2014, he was more than 37 years. He is thus overage by more than 2 years as on the relevant date. The previous selection was held in the year 2011. No selection took place in the year 2012. In view of the above, the petitioner is entitled for the relaxation in age by one year but then also, he would not be within age for the post in question. The Rule does not provide relaxation in age for Outstanding Sports Persons, thus this Court cannot allow relaxation in age without a statutory provision. It may be that many other categories given reservation, have further been allowed relaxation in age but then in absence of any provision for Outstanding Sports persons, the petitioner cannot claim or be given relaxation in age. In the light of the aforesaid, the petitioner being ineligible, being overage, relief prayed in the writ petition cannot be granted.
This writ petition is accordingly dismissed so as the stay application.
(M.N.BHANDARI), J.
S/No.34 Preeti, P.A.