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1. This petition has come up for consideration for the reason that the parole application filed by the appellant has been rejected primarily on the ground that the prisoner in question is resident of a place which is out-side the State of Rajasthan. He has already been denied parole. For this reason the petitioner has also referred to Article 21 and Article 14 stating that denying a parole on the ground of residence alone results in violation of his fundamental rights guaranteed under Article 14, 15 and 21. This necessitated examining the validity of Rule 14 of the Rajasthan Prisoners (Release on Parole) Rules, 1958.

2. In view of the aforesaid, the contention raised by the appellant in his application, who is not represented by the counsel, we issued notice to Advocate General for assisting the Court in the matter.

3. The Advocate General has urged that under Rule 14 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short, "the Rules"), there is no absolute bar against the eligibility for release on parole of a person, who is ordinarily resident of outside the State of Rajasthan but such persons may be considered for grant of parole on fulfillment of condition mentioned in the Rules provided in such cases a proper verification of their residence in the State of origin is made. There is no impediment on considering their application for release on parole by the Competent Authority. The Competent Authority will not be justified in refusing the grant of such application if all the particulars and antecedents of the convict in the State of origin is verified, which do not affect otherwise the release of such applicant on parole.

8. This conveys that ordinarily the class of prisoners (a) to (d) will not be eligible for release on parole but if they have undergone 1/4 of the sentence including remission the application for release on parole becomes liable to be considered. Such consideration which must take place by the Superintendent of Jail in consultation with District Magistrate, if on such consideration the Jail Superintendent finds that there exist any special reason to release a person falling in category (a) to (d) of Rule 14, such convict applicant can be released on parole, otherwise not.

11. Any case of non-consideration by the authorities without application of mind can be brought before the Court. It is desirable that in such case where a prisoner whose ordinary place of residence is outside the State of Rajasthan, his parole application is not rejected by merely referring to Rule 14. But genuine efforts should be made to find out the correctness of the address, the antecedents of the prisoners in the State of origin in which place of his ordinary residence is situated; his reputation in the locality in the place of ordinary residence and the circumstances in which release on parole is requested and order is made on such premises, the purpose of Rule 14 is served; rather than in not entertaining the application at all. It may be cautioned what shall constitute "special reason" within the meaning of Rule 14 is not capable of exhaustively defined. Suffice it to say that saying that the causes which routinely occur may not be a ground for release. It ought to some exempliant circumstances.