PADAMNATHAN Vs. DISTRICT & SESSIONS JUDGE, UDAIPUR & ANR
LAWS(RAJ)-2016-9-37
HIGH COURT OF RAJASTHAN
Decided on September 01,2016

Padamnathan Appellant
VERSUS
District And Sessions Judge, Udaipur And Anr Respondents

JUDGEMENT

- (1.) Heard.
(2.) The present petition has been filed on the ground that candidature of the petitioner was rejected being over age. It is contended that the petitioner belongs to SC category and has also disability. He filled in his form to be considered for appointment on the post of Lower Divisional Clerk pursuant to the advertisement dated 10.03.2014. The application of the petitioner was rejected on account of his being over age. The petitioner who appears in person submits that he filled in his form in the disabled category and as per Rule 39 (3) of the Rajasthan Persons with Disability (equal opportunity, Protection of Right and Full Participation) Rules, 2011, he would entitled to age relaxation of 15 years as he belongs to Scheduled Caste category and in case, the said relaxation had been given to him, he would have been within age.
(3.) The counsel appearing on behalf of the respondents has taken preliminary objection and submits that the writ petition has been filed belatedly. The examination for appointment to the post of Lower Divisional Clerk was held in two phases i.e. on 27.04.2014 and 08.06.2014 and subsequent to the examination, the selection process has already been completed after giving appointment to eight candidates on 27.06.2014 and six candidates on 16.10.2014. The petitioner has now approached writ court in January, 2015 after the selection process has been completed. It is also argued that in case the petitioner had any grievance, he ought to have approached the writ court prior to holding of the examination immediately after his form was rejected.;


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