State Of Rajasthan vs Bablendra Kumar Son Of Shri Atar ...
2021 Latest Caselaw 1529 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

        D.B. Civil Special Appeal (Writ) No. 936/2018

                                        in

             S.B. Civil Writ Petition No. 7200/2013

1.     State    Of   Rajasthan,        Through         The       Home   Secretary,
       Secretariat, Jaipur
2.     The Director General Of Police, Police Headquarter, Jaipur
3.     The Inspector General Of Police, Range, Bharatpur
4.     Superintendent Of Police, District Sawai Madhopur
                                                                   ----Appellants
                                    Versus
Bablendra Kumar Son Of Shri Atar Singh, Aged About 25 Years,
Resident Of Village Baharamda, Police Station Nadbai, District
Bharatpur
                                                                  ----Respondent

For Appellant(s) : Mr. Prakhar Gupta, Advocate on behalf of Dr. Vibhuti Bhushan Sharma, Additional Advocate General For Respondent(s) : Mr. Vijay Pathak, Advocate

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

11/02/2021

Appellants have filed the appeal challenging the order

dated 22.1.2018 passed by the learned Single Judge, whereby,

the writ petition filed by the respondent was allowed.

Learned State Counsel has submitted that the learned

Single Judge has erred in allowing the writ petition filed by the

respondent. In-fact, in the criminal proceedings, respondent had

been acquitted by giving benefit of doubt.

(2 of 2) [SAW-936/2018]

Learned counsel for the respondent has submitted that

as per marksheets of Class V and Class VIII, the date of birth of

the respondent was 1.1.1988. The certificate dated 24.4.2006,

wherein the date of birth of the respondent was depicted as

30.8.1981 did not belong to the respondent.

So far as the certificate dated 24.4.2006 is concerned,

the same depicts the date of birth of the respondent as 30.8.1981.

It was the case of the respondent that the said certificate did not

relate to him. With regard to the said certificate, a criminal case

was registered against the respondent. However, in the said

criminal case, the respondent was acquitted by the trial court vide

order dated 8.6.2012.

A perusal of the judgment passed by the trial court

dated 8.6.2012 reveals that P.W.6 Suresh Chand had stated that

as per the record, the date of birth of the respondent was

1.1.1988.

As per the marksheet of secondary school examination,

the date of birth of the respondent has been reflected as

1.1.1988. The genuineness of the marksheet of secondary school

examination has not been questioned. In these circumstances, the

learned Single Judge rightly held that the writ petition filed by the

respondent was liable to be allowed and rightly directed the

appellants to appoint the respondent to the post of Constable, if

he was otherwise found to be suitable.

No ground for interference is made out.

Dismissed.

                                    (MANOJ KUMAR VYAS),J                                             (SABINA),J

                                   Anil Makwana/31







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