HAR GILAS Vs. SECRETARY, RPSC, AJMER & ORS

JUDGEMENT

(1.) THE petitioner, after having participated in the recruitment process for appointment to the post of Teacher Grade -III in Primary and Upper Primary Schools, under the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as the 'Rules of 1996' for short), in response to an advetisement dated 2nd June, 2004, has approached this Court praying for a direction to the State -respondents to accord him appointment in the category reserved for (Male -Ex -Serviceman), Other Backward Class (OBC).

(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised are that the petitioner was enrolled in the Army on 23rd June, 1996, in the Rank Grendiers (GDR) and was discharged on 31st August, 1997, in a consequence of his own request under Section 13 (3) Item -IV of the table annexed to Army Rule 13 -A -A. He served Army only for one year two months and eight days.

(3.) A candidature of the petitioner was considered against the category of OBC (Male -Ex -serviceman), in response to his application. The Rajasthan Public Service Commission, (hereinafter referred to as the 'Commission', for short), having considered the candidature of the petitioner in the relevant category concluded that the petitioner served only for one year two months and eight days in the Indian Army and therefore, could not be treated as an Ex -serviceman for the purpose of recruitment, and therefore, declined his candidature.