Veerendr Singh Siradhana, J. - (1.) Taking note of the singular facts and circumstances of the case at hand, this Court on 24th November, 2016, which was lateron modified on 18th January, 2017; directed the Staterespondents for re-examination of the answer-sheets of the written examination of the petitioner with reference to promotion from the post of Sub-Inspector to Inspector, which was lateron modified on 18th January, 2017. Order-sheets dated 24th November, 2016 and 18th January, 2016, which reads thus: "Having heard the counsel for the petitioner and the respondents in the extremely peculiar facts and circumstances of the case, it is directed that the answer sheets of the petitioner in the written examination for promotion from the post of SubInspector to the post of Inspector held in, be examined by a three members of the Board, which be constituted by the Director of the Rajasthan Police Academy. The requisite exercise be completed within a period of four weeks from today. Result of the petitioner be also produced before this Court. Counsel for the respondent-Police Department should also informed the Court about the lowest mark on which a successful candidate was promoted to the post of Inspector from that of Sub-Inspector. Put up after four weeks. "18/01/2017 Dr. A.S. Khangarot counsel for the respondentDepartment of Police submits that the directions in the order dated 24.11.2016 passed by this Court for constitution of three member committee for examination of the answer sheets of the petitioner in the written examination for promotion from the post of Sub-Inspector to the post of Inspector by the Director of Rajasthan Police Academy be modified and instead it be directed that the committee in issue be appointed by the Director General cum Inspector General of Police (DGIG). It is accordingly directed that constitution of three member committee for examination of the answer sheets of the petitioner in the written examination for promotion from the post of Sub- Inspector to the post of Inspector be done by the Director General cum Inspector General of Police (DGIG). The application for modification (63306/2016) stands disposed of accordingly. Resultantly, the time for purpose of examination of the answer sheets of the petitioner at the said examination is extended by a period of four weeks from today. Put up on 21.02.2017."
(2.) Result of the petitioner, on re-examination, by the Board in the backdrop of the directions as aforesaid, was produced for perusal of this Court on 23rd March, 2017, from where it reflected that the petitioner was successful in securing 63 marks out of 150 marks, i.e. more than minimum required 40%. Order dated 23rd March, 2017, reads thus: "On 24th November, 2016, the State-respondents were directed to re-examine the answer-sheets of the petitioner he wrote in the written examination for the promotion from the post of Sub-Inspector to Inspector. The re-examination was to be conducted by a three member Board to be constituted by the Director of the Rajasthan Police Academy. The order was modified on 18th January, 2017, directing constitution of the three member Committee by the Director General cum Inspector General of Police (DGIG). As a consequence of directions aforesaid, the answersheets of the petitioner were re-examined by three member Board, and findings have been produced for present of this Court. Communication dated 10th March, 2017, reflects that marks awarded by original examiner in paper one stood enhanced from 19 to 23 on a re-examination by the Board (+4). Similarly, in Paper-2, marks awarded by original examiner stood reduced from 17.5 to 14 (-3.5). However, in Paper 3, marks awarded by original examiner stood enhanced from 20.5 to 26 (+5.5). Thus, on an over all conclusion, the petitioner secured 23/50 (+4) in Paper-1, 14/50 (-3.5) in Paper-2 and 26/50(+5.5) in Paper-3. The total marks secured by the petitioner totalled to 63 out of 150. It is not in dispute that in the written examination for the purpose to undertake further process of physical test and interview; a candidate is required to secure minimum 40% i.e. 60 out of 150 marks. For the petitioner was 37 years of age at the time when he wrote the examination and instituted the writ application, but now, his age is stated to be 53 years. Referring to Rule 18 of the Rajasthan Civil Services (Departmental Examination) Rules 1958 (for short, Rule of 1958); learned counsel for the petitioner submits that the petitioner having attained more than 45 years of age; is exempted from appearing in the departmental examination. Since the petitioner has attained the age of 53 years, therefore, he is not required to be subjected to further process of physical test and interview in the recruitment involved herein. Reliance is placed on the opinion of a Co-ordinate Bench of this Court in the case of Sua Lal Yadav Vs. The State of Rajasthan & Anr. (SBCWP No. 6486/2003), decided on 18th February, 2006. A copy of the judgment in the case of Sua Lal Yadav , has been furnished to the counsel for the State-respondents; who prays for and is allowed ten days time to complete his instructions in this regard. Matter be listed again on 17th April, 2017."
(3.) In the opinion of this Court, the controversy raised was no more res-integra in the face of the adjudication in the case of Sua Lal Yadav , a copy of which was furnished to the counsel for the State-respondents to complete his instructions in this regard, as prayed. It is informed that no intra-court appeal was preferred and thus, the adjudication in the case of Sua Lal Yadav , attained finality.;