State Home And Anr vs Naval Singh
2021 Latest Caselaw 8777 Raj

(1 of 2) [SAW-641/2014]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 641/2014

State of Rajasthan through the principal Secretary, Department of Home Affairs, Secretariat, Jaipur.

----Appellant Versus

1. Naval Singh s/o Sh. Chandra Singh, aged about 31 yrs, resident of A-66, Mayur Vihar Colony, Jaipur Road, Bikaner.

2. The Rajasthan Public Service Commission, Rajasthan, Ajmer through its Secretary.

----Respondents

For Appellant(s) : Mr. Anil Bissa A.G.C. For Respondent(s) : Mr. Mahendra Vishnoi for Mr. Ankur Mathur

HON'BLE THE CHIEF JUSTICE INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

05/04/2021 Civil Misc. Application No.7274/2014:

1. For the reasons stated in the application, delay in filing the

appeal is condoned.

Special Appeal (Writ) No.641/2014:

1. Following the law declared by a learned Single Judge in the

decision dated 26.08.2013 in S.B. Civil Writ Petition

No.7824/2012, Mahendra Kumar vs. State of Rajasthan & Ors. the

writ petition filed by the respondent has been allowed.

2. In Mahendra Kumar's case (supra), the learned Single Judge

took a view that if for 72 services benefit of age relaxation was

accorded by the State on the reasoning that in the previous

(2 of 2) [SAW-641/2014]

year(s) recruitment was not effected, candidates who were

overage would be entitled to the age relaxation for the number of

years the recruitment was not effected.

3. The learned Single Judge held that there was no reason to

deny said benefit for appointment on the post of Sub-Inspector in

the Police Department.

4. Stand of the appellant was that physical efficiency standard

for appointment as Sub-Inspector is required. The decision in the

Mahendra Kumar's case (supra) was over-ruled by a Division

Bench of this Court in decision dated 25.03.2014 in D.B. Special

Appeal (Writ) No.1151/2013, Rajasthan Public Service

Commission vs. Mahendra Kumar & Ors.

5. Thus, the appeal is allowed. Impugned order dated

06.09.2013 is set aside.

(VINIT KUMAR MATHUR),J (INDRAJIT MAHANTY),CJ

18-Inder-Payal/-

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