Digpal Singh Chouhan vs The State Of Rajasthan ...
2025 Latest Caselaw 4663 Raj

Rajasthan High Court - Jodhpur

Digpal Singh Chouhan vs The State Of Rajasthan ... on 15 January, 2025

[2025:RJ-JD:2609]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                              JODHPUR
               S.B. Civil Writ Petition No. 11285/2024

    Digpal Singh Chouhan S/o Amrit Singh Chouhan, Aged About 32
    Years, Village And Post Jhonsawa, Via Chitri, Tehsil Galiyakot,
    District Dungarpur (Raj.).
                                                          ----Petitioner
                                 Versus
    1.      The State Of Rajasthan, Through Its Secretary,
            Department Of Home, Government Secretariat, Jaipur,
            Rajasthan.
    2.      The Director General Of Police, Police Headquarter,
            Rajasthan, Jaipur.
    3.      The Additional Director General Of Police, Recruitment
            And Promotion Board, Rajasthan, Jaipur.
    4.      The Superintendent Of Police, District Dungarpur.
                                                      ----Respondents


For Petitioner(s)                    :    Mr. Pawan Singh
For Respondent(s)                    :    Mr. Raj Singh Bhati for
                                          Mr. Ritu Raj Singh Bhati


                     HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

15/01/2025

1. Petitioner herein is seeking directions to the respondents to

grant age relaxation of 5 years in the upper age limit under the

EWS category. Furthermore, he requests that his subsequent

selection tests be conducted, and if found to be meritorious, he

then be appointed on the post of Constable (Driver) in the TSP

Area with all consequential benefits.

2. At the very outset, learned counsel for the petitioner relies

on a judgment rendered by this Court in Hitesh Chandra Bhatt

& Ors. vs. State of Rajasthan 1 and states that the case of the

petitioner is squarely covered by the same.

3. A perusal of the contents of the writ petition alongwith

official records appended therewith viz a viz the ratio rendered in

1 Raj. High Court = S.B.C.W. P. No.14609/2023, decided on 13.05.2024

[2025:RJ-JD:2609] (2 of 2) [CW-11285/2024]

Hitesh Chandra Bhatt ibid, reveals that petitioner is indeed

deserving of parity with Hitesh Chandra Bhatt, whose petition was

allowed by this Court by according him age relaxation of 5 years

since he belonged to special category. It is not disputed that the

petitioner herein is from EWS category and thus is to be accorded

4 years of age relaxation in account thereof. No doubt, no post of

EWS category has been advertised, but that would, at worse,

result in the petitioner competing in the general category and in

case, he has obtained more marks than the last selected

candidate in the general category, he is entitled to the benefit of

his performance.

4. Accordingly, the present writ petition is also disposed of in

terms of the judgment rendered in Hitesh Chandra Bhatt ibid.

5. The respondents are directed to consider the case of the

petitioner as per his performance in the selection process and in

case he is found to be otherwise eligible and meritorious and has

obtained more marks than the last selected candidate in the

general category, he shall be given due credence of his

performance. Needful exercise be carried out within a period of 30

days upon petitioner approaching the respondents with web-print

of the instant order.

6. Pending application(s), if any, also stand disposed of.

(ARUN MONGA),J 169-DhananjayS/Rmathur/-

                                   Whether fit for reporting:     Yes      /       No









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