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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11510/2012 Azad Kumar Ameta S/o Shri Kailash Chand Ameta Dob 09.07.1981, Village Phalasiya, Post Sarana, Tehsil Mandalgarh, Distt. Bhilwara Raj. Roll No. 1180101382. ----Petitioner Versus
1. State Of Rajasthan Through Its Principal Secretary Power And Energy Department, Secretariat, Jaipur Raj.
2. The Secretary Administration, Ajmer Vidyut Vitran Nigam Limited, Old Power House, Hathibhata, Ajmer Raj.
3. The Assistant Engineer Oandm, Vidhyut Vitran Nigam Limited, Mandalgarh
4. Rakesh Kumar Sharma S/o Pitram, Village Po Ki Dhani, Post Bhaloth, Tehsil Buhana, Distt. Jhunjnu. ----Respondents For Petitioner(s) : Mr. Arshad Khan For Respondent(s) :
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 10/03/2025
1.
Learned counsel for the petitioner has submitted that respondents vide advertisement dated 18.08.2011 invited applications for the post of Technical Helper in Vidyut Viran Nigan Limited. It is further submitted that petitioner applied for the said post under General category and participated in the examination, wherein, petitioner secured approximately 59 marks under the said category, whereas, cut off in the said category is stipulated as approximately 58.35 marks.
(2 of 3) [CW-11510/2012]
2. Further, it is submitted that as per the condition No.3 specified in the advertisement qua age criteria, petitioner is entitled for 3 years age relaxation in the upper age limit, which is to be calculated on the last date of the submission of the application form which was fixed as 13.09.2011.
3. Additionally, it is submitted that the petitioner is aged approximately 30 years on the last date of application form, thus, petitioner has sought approximately 2 years age relaxation in the upper age limit.
4. Consequently, it is submitted that action of respondents in not considering the services of the petitioner rendered with the Ajmer Vidhyut Vitran Nigam Limited, thereby, not providing benefit in the age relaxation, is violative of rights enshrined under Constitution of India. Lastly, learned counsel has fairly conceded that selection process qua the said post is concluded, and unable to answer the query put forth by this Court qua, if there are any seats lying vacant or otherwise.
5. Heard and considered.
6. Considering the arguments advanced by the learned counsel for the petitioner, upon perusal of the records, this Court has made the following observation:-
6.1. That the matter pertains to Year 2012.
6.2. That as on date, no seats are lying vacant for the said post.
6.3. That selection process qua the said post is concluded.
6.4. That fresh selection process is carried out.
6.5. That as on date petitioner is aged approximately 44 Years.
7. In light of the aforementioned, this Court deems it apposite to dispose of the present petition.
(3 of 3) [CW-11510/2012]
8. Interim order, if any, stands vacated.
9. Accordingly, the present petition is disposed of. Pending applications, if any, stands disposed of.
(SAMEER JAIN),J Diksha/66