NIHAL SINGH Vs. RPSC

JUDGEMENT

(1.) IT is stated that petitioners crossed the age limit provided for appointment to the post of PTI Gr II and Gr III. Similar controversy came up before this Court in the case of Pawan Kumar Bardiya & Ors. Versus State of Rajasthan & Anr. -, SBCWP No. 8046/2008, decided on 18.8.2011 and, therein, referring to the judgement of the Hon'ble Apex Court in the case of R.P.S.C., Ajmer Versus Smt. Anand Kanwar - Civil Appeal No., 52 of 1993, decided on 8.2.1995, the petitioners therein were not held within the age for appointment to the post in reference though a direction for consideration of the representation for grant of age relaxation was given. It is submitted that case of the petitioners may be covered by the aforesaid judgement and accordingly a direction may be given for consideration of the representation in the light of the fact that for last 13 years, no recruitment to the post of PTI Gr II and Gr III has been undertaken.

(2.) IN view of the aforesaid, all the writ petitions are disposed of with the direction to the respondents to consider petitioners' representation in the light of the judgement in the case of Pawan Kumar Bardiya (supra) and taking note of the hardship and the last recruitment being in the year 1998, respondents are expected to take a proper view as indicated in the judgement referred to above. It is clarified that respondents will apply the ratio of the aforesaid judgement instead of going into the facts therein. The petitioners will, however, enclose the copy of the judgement supra while copy of this order is served on the respondents.