- (1.) LEARNED counsel for the petitioner has supplied a copy of writ petition to Mr. Rajendra Yadav, learned Government Advocate appearing on behalf of the respondents. Heard finally with the consent of learned Counsel for the parties.
(2.) PETITIONER has preferred this writ petition with a prayer that respondents be directed to accept the application of the petitioner for his transfer to open air camp and to decide the same in accordance with law. Submission of learned Counsel for the petitioner is that the petitioner is unmarried, therefore, his application for transfer to open air camp is not being accepted by the Superintendent, Central Jail, Ajmer in view of Rule 3(m) of the Rajasthan Prisoners Open Air Camp Rules, 1972. He has submitted that Rule 3(m) of the Rajasthan Prisoners Open Air Camp Rules, 1972 has already been declared discriminatory, arbitrary and violative of Article 14 of the Constitution of India in Geeta Devi Vs. State of Rajasthan, reported in, 2012(1) Cr.L.R.(Raj.)28, therefore, respondents cannot refuse to accept and consider the application of the petitioner.
(3.) LEARNED Government Advocate appearing on behalf of the respondents submitted that he is not aware as to whether the judgment delivered in the case of Geeta Devi (supra) has been challenged by the State Government before the Hon'ble Apex Court or not, therefore, he submitted that a liberty may be granted to the petitioner to move fresh application for his transfer to open air camp and the respondents may be directed to accept and consider his application in accordance with law. As agreed by learned Counsel for the parties, writ petition is disposed off with a direction to the petitioner to move an application for his transfer to open air camp before the Superintendent, Central Jail, Ajmer within a period of 15 days. In case such an application is moved along with certified copy of this order, then the same will be accepted and forwarded to the competent authority. The competent authority shall consider and decide the application of the petitioner in accordance with law at the earliest.;