Rajasthan High Court - Jodhpur

Ashok Kumar vs State Of Rajasthan on 25 March, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

(1) S.B. Civil Writ Petition No. 3478/2021 Ratan Lal Khatik S/o Pyar Chand Khatik, Aged About 32 Years, R/o Near Bus Stand Village Mangrop Tehsil Hameergarh District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur.

3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

4. The Secretary, Department Of Personnel, Government Secretariat, Jaipur, Rajasthan.

----Respondents Connected with (2) S.B. Civil Writ Petition No. 3947/2021

Charan Singh Chundawat S/o Shiv Singh Chundawat, Aged About 30 Years, R/o Hanuman Ji Ki Bhagal, Parwal Bagol, Rajsamand, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. The Director, General Of Police, Rajasthan, Police Headquarter, Jaipur.

3. The Secretary, Rajasthan Public Service Commission, Ajmer.

----Respondents

(3) S.B. Civil Writ Petition No. 4124/2021 Mahendra Pratap Singh Chouhan S/o Shaitan Singhji, Aged About 27 Years, R/o Housing Board, Majiwala, Barmer, Rajasthan 344022.

                                                                    ----Petitioner



                                             (2 of 10)                     [CW-3478/2021]


                                      Versus
1.     The     State      Of    Rajasthan,        Through          Home     Secretary,

Department Of Home, Government Of Rajasthan, Jaipur.

2. Rajasthan Public Service Commission, Through Secretary, Rpsc, Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Secretary, Department Of Personnel, Secretariat, Jaipur.

----Respondents (4) S.B. Civil Writ Petition No. 4145/2021 Laxman Singh Solanki S/o Tej Singh, Aged About 34 Years, Village Dhalop, Tehsil Desuri, District Pali, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. The Director General Of Police, Rajasthan, Police Headquarter, Jaipur.

3. The Secretary, Rajasthan Public Service Commission, Ajmer.

----Respondents

(5) S.B. Civil Writ Petition No. 4752/2021

Basant Kumar S/o Shri Om Prakash, Aged About 27 Years, R/o Village 4 Ml, Po 5 E Chhoti District Sri Ganganagar (Raj.).

----Petitioner Versus

1. That State Of Rajasthan, Through The Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Director General Of Police, Police Head Quarter, Rajasthan, Jaipur.

3. The Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

                                                                    ----Respondents





                                            (3 of 10)                     [CW-3478/2021]

(6) S.B. Civil Writ Petition No. 4744/2020

Om Prakash S/o Lichman Ram, Aged About 36 Years, Resident Of Lawan, Tehsil Pokaran, District Jaisalmer.

----Petitioner Versus

1. Rajasthan Public Service Commission, Ajmer, Through Its Secretary.

2. The State Of Rajasthan, Through The Principal Secretary, Department Of Social Justice And Empowerment, Govt. Of Rajasthan, Jaipur.

3. The Principal Secretary, Education Department, Govt.

Of Rajasthan, Secretariat, Jaipur (Rajasthan).

----Respondents

(7) S.B. Civil Writ Petition No. 4418/2021

Rahul Dave S/o Mahendra Kumar Dave, Aged About 26 Years, R/o Colony No. 2, Behind Swastik Cinema, Kankroli, Rajsamand, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur.

3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

4. The Secretary, Department Of Personnel, Government Secretariat, Jaipur, Rajasthan.

----Respondents

(8) S.B. Civil Writ Petition No. 3786/2021

Budh Ram S/o Shri Dhan Raj, Aged About 32 Years, R/o Village / Post Godu, Tehsil Kolayat, District Bikaner.

                                                                    ----Petitioner
                                     Versus
1.     State     Of      Rajasthan,         Ministry       Of     Home     Affairs,



                                        (4 of 10)                    [CW-3478/2021]

Through The Secretary, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ajmer, Rajasthan Through Its Secretary.

3. The Director General Of Police, Police Headquarter, Jaipur, Rajasthan, Jaipur.

----Respondents

(9) S.B. Civil Writ Petition No. 3846/2021

Antriksh Pareek S/o Chander Mohan, Aged About 27 Years, House No.36, Opposite S.d. College, Sriganganagar, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Department Of Personnel, Secretariat, Government Of Rajasthan, Jaipur (Raj.).

2. The Home Secretary, Secretariat, Government Of Rajasthan, Jaipur (Raj.).

3. Rajasthan Public Service Commission, Ajmer, Through The Secretary.

4. The Director General Of Police, Police Headquarter, Jaipur Rajasthan.

----Respondents

(10) S.B. Civil Writ Petition No. 3869/2021

Lokesh Dadhich S/o Shri Omprakash Sharma, Aged About 28 Years, R/o 54, Vijay Nagar, Near By Balaji Park, Basani-I Phase, Jodhpur.

----Petitioner Versus

1. State Of Rajsthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur.

3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

(5 of 10) [CW-3478/2021]

4. The Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

----Respondents

(11) S.B. Civil Writ Petition No. 4204/2021

Bhagwana Ram S/o Shri Jora Ram, Aged About 31 Years, Resident Of Tundiya 1-5 Rsm Mitariya Mithadiya Bikaner, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Department Of Personnel, Secretariat, Government Of Rajasthan, Jaipur (Raj.).

2. The State Of Rajasthan, Through The Home Secretary, Secretariat, Government Of Rajasthan, Jaipur (Raj.).

3. Rajasthan Public Service Commission, Ajmer Through Its Secretary.

4. The Director General Of Police, Police Headquarter, Jaipur, Rajasthan.

----Respondents (12) S.B. Civil Writ Petition No. 4079/2021

1. Ashok Kumar S/o Babu Lal, Aged About 32 Years, Aaleti, District Barmer (Raj.)

2. Laxmi Kant Yadav S/o Omprakash Yadav, Aged About 32 Years, Ward No.6, Neem Ka Thana, Makri, District Sikar. (Raj.)

3. Subhash Chand Swami S/o Harphool Swami, Aged About 32 Years, Swamipura, Tehsil Shahpura, District Jaipur (Raj.)

4. Rohitash Kumar Swami S/o Seeta Ram Swami, Aged About 32 Years, Swamipura, Tehsil Shahpura, District Jaipur. (Raj.)

5. Shrawan Kumar Swami S/o Baloo Das Swami, Aged About 32 Years, Ward No.10, Swamiyo Ki Dhani, Luhakna Kalan, Viratnagar, District Jaipur. (Raj.)

----Petitioners Versus

(6 of 10) [CW-3478/2021]

1. State Of Rajasthan, Through The Chief Secretary, Govt. Secretariat, Jaipur (Raj.)

2. The State Of Rajasthan, Department Of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.)

3. Rajasthan Public Service Commissioner, Through Its Secretary, Ajmer (Raj.)

----Respondents (13) S.B. Civil Writ Petition No. 4212/2021

1. Govind Ram Vishnoi S/o Derama Ram Vishnoi, Aged About 32 Years, R/o Village Dedawas Charnan Post - Dedawas Jagir, Teh. - Gudamalani, Dist. - Barmer Rajasthan.

2. Arpit Kumar Goyal S/o Dinesh Goyal, Aged About 26 Years, R/o V.p.o. Balghat, Tehsil Todabhim, Dist. - Karauli, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur.

3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

4. The Secretary, Department Of Personnel, Government Of Secretariat, Jaipur, Rajasthan.

----Respondents

(14) S.B. Civil Writ Petition No. 4371/2021

1. Suresh Vishnoi S/o Sh. Prema Ram Vishnoi, Aged About 30 Years, R/o Village Sewada Chouhan, Tehsil Chittalwana, Jalore.

2. Om Prakash S/o Sh. Hari Ram, Aged About 32 Years, R/o Village Post Balana, Tehsil Sanchore, Jalore.

----Petitioners Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

(7 of 10) [CW-3478/2021]

2. Director General Of Police, Rajasthan, Jaipur.

3. Inspector General Of Police, Jodhpur Range, Jodhpur.

4. Secretary, Rajasthan Public Service Commission, Ajmer.

----Respondents

(15) S.B. Civil Writ Petition No. 4474/2021

1. Sandeep Pareek S/o Shivdayal Pareek, Aged About 27 Years, Ghatwa, Tehsil Nawa, District Nagaur, Rajasthan.

2. Surendra Singh Shekhawat S/o Gopal Singh Shekhawat, Aged About 26 Years, Ghatwa, Tehsil Nawa, District Nagaur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur

2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur.

3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

4. The Secretary, Department Of Personnel, Government Secretariat, Jaipur, Rajasthan.

----Respondents

(16) S.B. Civil Writ Petition No. 5355/2021

Nilesh Sharma S/o Gopal Lal Sharma, Aged About 28 Years, R/o Behind Power House, Mangalwar, Chittorgarh.

----Petitioner Versus

1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter, Rajasthan, Jaipur.

3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

                                                (8 of 10)                   [CW-3478/2021]



     4.       The       Secretary,         Department                 Of   Personnel,

Government Secretariat, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Mahaveer Singh Mr. Praveen Singh Rathore Mr. J. S. Bhaleria Mr. Rajat Dave Mr. Vineet Dave Mr. Kuldeep Mathur Mr. Trilok Joshi Ms. Alka Joshi Mr. B. S. Sandhu Mr. Pritam Joshi Mr. O. P. Sangwa Mr. Anil Bishnoi Mr. Hapu Ram Mr. Manoj Kumar For Respondent(s) : Mr. Tarun Joshi through Cisco Webex App Mr. Manish Vyas, AAG with Mr. Kailash Choudhary Mr. Khet Singh

JUSTICE DINESH MEHTA

Judgment

25/03/2021

1. These writ petitions involve challenge to age relaxation

granted by the respondents.

2. According to the petitioners, the State has erred in granting

only two years' relaxation whereas the relaxation ought to have

been granted for four years, as the last recruitment took place in

the year 2017.

3. Relying upon the fact that the Jaipur Bench of this Court has

granted interim relief in some of the matters, this Court has also

granted interim relief in some of these matters and the

respondents were directed to accept petitioners' application forms.

(9 of 10) [CW-3478/2021]

4. Mr. Tarun Joshi, learned counsel for the respondent - RPSC,

at the outset informs that the Jaipur Bench of this Court has

decided the controversy vide its judgment dated 15.03.2021 in

the bunch of cases led by Mukesh Choudhary & Ors. Vs. State of

Rajasthan & Ors : SB Civil Writ Petition No.2555/2021 and held

that grant of age relaxation is exclusive domain of the employer

and the same cannot be claimed as a matter of right.

5. The operative part of the aforesaid judgment dated

15.03.2021 reads thus :

"16. Accordingly, the power under Rule 11(a) Proviso (3) of the Rules of 1989 lays down as under:- "(3) however the upper age-limit mentioned above may be relaxed by three years in exceptional cases by appointing authority, after previous approval of Government."

17. The said power is exclusively within the administrative domain of the appointing authority with prior approval of the State Government and judicial review relating to the exercise of such power is not available with this Court as the discretion while exercising such a power is exclusively administrative one.

18. It is only in cases where the judicial process is of such a nature which creates arbitrariness or discrimination between similarly situated persons that this Court can exercise its jurisdiction under Article 226 of the Constitution of India. On the anvil of the fundamental rights available to a citizen, such discriminatory order or arbitrary order may be set aside. However, a mandamus to the State Authorities to exercise discretionary power in a particular manner and to a particular extent is not available with this Court. In the present case, the appointing authority and in consultation with approval of the State has only

(10 of 10) [CW-3478/2021]

granted two years age relaxation while exercising the power under Rule 11(a) proviso (3). The same cannot be said in any manner to be arbitrary.

19. Therefore, Keeping in view the scope as available with this Court, I do not find any ground to allow these writ petitions.

20. However, it is always open for the petitioners to approach the State Authorities for grant of age relaxation and if such discretion exercised by the State, the same would apply to all the candidates including those who have not approached the Court.