RAJENDRA KUMAR JAIN Vs. STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-2012-4-252
HIGH COURT OF RAJASTHAN
Decided on April 11,2012

RAJENDRA KUMAR JAIN Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Dinesh Maheshwari, J. - (1.) BY way of this writ petition, the petitioner, said to be a candidate for recruitment to the post of Physical Training Instructor Grade -II and III Competitive Examination, 2011 under the notification dated 14.12.2011, has stated the grievance that the authorities have not provided age relaxation in relation to the services rendered by him as Vidhyarathi Mitra (PTI); and then, though in relation to the Rajasthan Medical & Health Subordinate Service Rules, 1965, bonus marks are provided to the persons already working, no such marks are provided in the recruitment in question under the Rajasthan Education Subordinate Service Rules, 1971. The petitioner has prayed for the following reliefs: A. By an appropriate writ, order or direction the respondent authorities may kindly be directed to give age relaxation to the petitioner by giving him relaxation upto the period of service rendered by the petitioner under the respondent authorities. B. By an appropriate writ, order or direction, the respondent authorities may kindly be directed to make suitable provisions for granting bonus marks at par with the provisions made in Rajasthan Medical & Health Subordinate Rules, 1965 under Rule 19. C. By an appropriate writ, order or direction, the respondent authorities may kindly be directed to make adequate provision for bonus marks on the basis of experience under its rule making power under Rule 38 of Rajasthan Educational Subordinate Service Rules, 1971. D. Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may kindly be also passed in favour of the petitioner. Having heard the learned counsel for the petitioner and having perused the material placed on record, this Court finds no reason to entertain this writ petition.
(2.) SO far the reliefs (B) and (C) are concerned, essentially what the petitioner is seeking herein is a writ in the nature of directions to the respondents to legislate. This Court find no reason to issue any such direction to the respondents as to what ought to be provided in the rules; nor there appears any kind of parity being available to the petitioners, the candidates for recruitment under the Rules of 1971, with the candidates for recruitment under the said Rules of 1965. So far the age relaxation in relief (A) is concerned, in the advertisement in question, specifically a relaxation of 3 years has been provided as per the notification of the Government dated 23.09.2008. It has not been shown if any other age relaxation is available in the rules.
(3.) NO mandamus could be issued for granting of a relief not envisaged by the rules or running contrary to the rules.;


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