- (1.) This writ appeal is directed against the order dated 05.02.2015 passed by the learned Single Judge of this High Court whereby he has allowed respondent's S.B.Civil Writ Petition No.14528/2014. By the aforesaid order, the appellants have been directed to consider the case of the respondent for admission to Open Air Camp.
(2.) The respondent is serving sentence of life imprisonment in the Central Jail, Jaipur pursuant to his conviction for offence under Section 376(2)(h)/114 IPC vide judgment dated 22.11.2006 in Sessions Case No.56/2006 by the Additional District Judge (Fast Track), Jaipur City, Jaipur.
(3.) The respondent after completing more than ten years of imprisonment filed an application for admitting him to Open Air Camp under Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short, 'the Rules of 1972'). The application was rejected only on the ground that Rule 3 of the Rules of 1972 provides for certain classes of prisoners, who shall ordinarily be not eligible for being sent to an Open Air Camp. The following categories of persons have been ordinarily made ineligible for admission to an Open Air Camp:- "(d) Prisoners who have been convicted of an offence or offences under sections 121 to 130, 216A, 224,225, 231, 232, 303,311, 328, 333, 376, 377, 383, 392 to 402, 435 to 440 and 460 of the Indian Penal Code (Act SLV of 1860) (g) prisoners whose conduct in the jail is not good provided that a prisoner who would have not received any jail punishment for two years preceding the date of the recommendations of his name for admission to the Open Camp may be considered eligible. R. 4 Eligibility for admission to Open Camps- A prisoner shall be eligible for admission to an Open Air Camp- (a) He does not fall within any of the categories specified in rule 3 above; (b) he has been regularly performing his scheduled task in the Jail Factory or in Jail Service; (c) he has served one third term of his substantive sentence including remission.";