RAHUL SINGH AND ORS Vs. STATE OF RAJ AND ORS
LAWS(RAJ)-2017-12-47
HIGH COURT OF RAJASTHAN
Decided on December 19,2017

Rahul Singh And Ors Appellant
VERSUS
State Of Raj And Ors Respondents

JUDGEMENT

ASHOK KUMAR GAUR, J. - (1.) The present petitioners have sought a mandamus against the respondents-State to accept the application form online or hard copy of the petitioners with regard to the post of Constable (General) and (Driver) for advertisement of the year 2017 by giving the age relaxation of upper age limit in view of the notification dated 23.9.2008. Learned counsel for the petitioners has further prayed that the petitioners may be permitted to the appear in the written examination and in case, they succeed, they may be given appointment with all the consequential benefits.
(2.) Learned counsel for the petitioners have further placed reliance on an order dated 10.11.2017 passed in S.B. Civil Writ Petition No.13917/2017, (Kishore Singh Gehlot Vs. State of Rjasthan and Ors.). The Co-ordinate Bench at Principal Seat, Jodhpur, while considering the similar grievance of the candidates like petitioners, has disposed of the writ petition. Dr. A.S. Khangarot, AGC, counsel for the respondent also submits that the Principal Seat at Jodhpur has passed the order directing the candidates to submit their representation for grant of relaxation in upper age, however, he submits that the direction so given may not be taken as a direction to decide the petitioner's representation for grant of relaxation in upper age limit in a particular manner.
(3.) The Principal Seat at Jodhpur, while passing the order dated 10.11.2017 has taken into account the judgment of the Division Bench dated 25.3.2014 passed in D.B. Civil Special Appeal (Writ) No.1151/2013, Rajasthan Public Service Commission Vs. Mahendra Kumar and Ors., wherein the Division Bench has declined to grant benefit of age relaxation and has further set aside the order of Single Bench dated 26.8.2013 granting benefit of the age relaxation.;


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