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2025 DAILYLAW 15978 (RAJ)

VED PRAKASH MAINWAL v. STATE PANCHAYATI RAJ DEP ORS

CW/14563/2012 · 2025-03-10

Sameer Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:10851] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14563/2012 Ved Prakash Maniwal Son Of Shri Hanuman Prasad Maniwal, Village Hemawali, Post Neem Ka Thana, Tehsil Neem Ka Thana, District Sikar. ----Petitioner Versus 1. State Of Rajasthan Through Principal Secretary, Rural Development And Panchayati Raj Department, Secretariat Building, Jaipur. 2. Director, Rural Development And Panchayati Raj Department, Jaipur. 3. Chief Executive Officer, Zila Parishad, Jaipur. ----Respondents For Petitioner(s) : Mr. Mahesh Kalwania For Respondent(s) : Ms. Sara Parveen for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 10/03/2025 The present petition is filed under the provision of Article 226 of the Constitution of India, assailing illegal actions of the respondents, whereby, the respondents have ousted the candidature of the petitioner for the post of Teacher Grade-III despite securing merit. Learned counsel for the petitioner has submitted that as per the condition mentioned in the advertisement qua age requirement, candidate should have attained age of 18 years and should not have attained age of 35 years as on 01.01.2013, however, it is mentioned that 3 years relaxation in age will be [2025:RJ-JP:10851] (2 of 2) [CW-14563/2012] given. Therefore, the petitioner ought to be given appointment on the said post and name of the petitioner ought to be shown in the final list of selected candidates. Learned counsel for the respondent-State has submitted that date of birth of the petitioner is 02.06.1973, therefore, the petitioner is aged approximately 38 Years as on 01.01.2013, therefore, even after giving 3 Years age relaxation to the petitioner, the petitioner is still overage i.e. 35 Years of age. It is further submitted that, as on date, selection process qua the said post is concluded and no seats are lying vacant. Moreover, fresh recruitment is issued qua the said post. Considering the facts and circumstances of the case, taking note of the fact that the petitioner is overage on the cut-off date i.e. on 01.01.2013 and no interim order is operational qua the petitioner, this Court is not inclined to exercise its extra ordinary jurisdiction in the instant matter. Accordingly, the instant petition is hereby dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/86