Ratan Lal Khatik vs State Of Rajasthan
2021 Latest Caselaw 16755 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 413/2021

Ratan Lal Khatik S/o Pyar Chand Khatik, Aged About 32 Years, Near Bus Stand Village Mangrop, Tehsil Hameergarh, District Bhilwara, Rajasthan.

----Appellant Versus

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

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

                                                                  ----Respondents


For Appellant(s)          :     Mr. Pritam Joshi
For Respondent(s)         :



           HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

10/11/2021

The office has pointed out six defects in this special appeal.

The present appeal is filed by the appellant being aggrieved with

the order dated 25.03.2021 passed by the learned Single Judge in

S.B. Civil Writ Petition No.3478/2021 whereby, the writ petition

filed by the petitioner has been dismissed.

The appellant had applied for the post of Sub Inspector

pursuant to the advertisement issued by the Rajasthan Public

Service Commission on 03.02.2021. The petitioner has challenged

the action of the respondents of granting relaxation for two years

in the upper age limit while claiming that the relaxation ought to

have been granted for four years, as the last recruitment took

place in the year 2017.

(2 of 2) [SAW-413/2021]

The learned Single Judge while relying on the judgment

dated 15.3.2021 passed by the Single Bench at Jaipur in S.B. Civil

Writ Petition No.2555/2021 (Mukesh Choudhary & Ors. Vs. State

of Rajasthan & Ors.) has dismissed the writ petition. In Mukesh

Choudhary's case (supra), the learned Single Judge has held that

granting relaxation in upper age limit is the discretion of the State

Government and judicial review relating to the exercise of such

power is not available with the Court.

The Division Bench of this Court vide judgment dated

25.03.2014 passed in Rajasthan Public Service Commission Vs.

Mahendra Kumar & Ors.- D.B. Civil Special Appeal (W) No.

1151/2013 has also held as under :-

"The benefit of age relaxation cannot be claimed as a matter of right and, therefore, the claim of the respondent - petitioner for age relaxation in the maximum age limit while claiming parity with other categories of service is not based on sound proposition of law and, therefore, is liable to be rejected."

In view of the above discussion, we do not find any merit in

this special appeal and the same is dismissed as such.

(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J

114-mohit/-

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