Chandra Bhan Singh vs State & Ors on 26 October, 2009

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              S.B.CIVIL WRIT PETITION NO. 6120/2008
      Chandra Bhan Singh         Vs.          State of Raj. & Ors.

               Date of Order            ::     26.10.2009


                HON'BLE MR. JUSTICE GOVIND MATHUR

       Mr. Sanjeet Purhoit, for the petitioner.
       Mr. Rajesh Bhati, for the respondents.
                                 ...


        The candidature of the petitioner for the purpose of

consideration for appointment as Prabodhak under Rajasthan panchayat

Raj Prabodhak Service Rules, 2008 is rejected by the respondents by

considering him a person beyond the age prescribed under Rule 13 of

the Rules of 2008. It is stated by learned counsel for the petitioner that

the respondents while doing so have not taken into consideration the

proviso (v) to Rule 13 of the Rules of 1958. The factual matrix required

to be notices is that the date of birth of the petitioner is 1.6.1966 and

on 15.1.2001 an appointment was given to him as Siksha Sahayogi in an

Educational Project of the State. Posting in the project aforesaid was

given on 4.7.2002. The respondents while making consideration for

appointment as Prabodhak were required to assess age of the petitioner

as on 1.1.2009. Admittedly, the petitioner on 1.1.2009 was above the

age of 40 years, that is the age relevant in the present case, however,

by extending the relaxation as prescribed under proviso (v) of Rule 13 of

the Rules of 1958, the petitioner comes within the age limit prescribed

for appointment as Prabodhak.
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                   Accordingly, this petition for writ is allowed.   The respondents

          are directed to consider candidature of the petitioner for the purpose

          of appointment as Prabodhak against the vacancies notified under the

          advertisement dated 31.5.2008 by treating the petitioner within the age

          limit as prescribed under Rule 13 of the Rules of 1958. No order as to

          costs.

                                                             (GOVIND MATHUR), J.

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