CW/18361/2011 of MUKESH CHANDAR GUPTA Vs STATE MEDICAL AND HEALTH DEPORS on 23 December 2011

ORDER

SB Civil Writ Petition No.18361/2011

Mukesh Chandra Gupta versus State of Rajasthan & ors 23.12.2011

HON'BLE MR. JUSTICE MN BHANDARI

Mr PC Sharma - for petitioner/sBY THE COURT:

It is stated that petitioner/s crossed the age limitprovided for appointment to the post of Pharmacist.

Similar controversy came up before this Court in thecase of Pawan Kumar Bardiya & Ors. Versus State of Rajasthan &Anr. - SBCWP No.8046/2008, decided on 18.8.2011 and, therein,referring to the judgment of the Hon'ble Apex Court in the case ofR.P.S.C., Ajmer Versus Smt. Anand Kanwar – Civil Appeal No.52of 1993, decided on 8.2.1995, the petitioners therein were not heldwithin the age for appointment to the post in reference though adirection for consideration of the representation for grant of agerelaxation was given. It is submitted that case of the petitioner/smay be covered by the aforesaid judgment and accordingly adirection may be given for consideration of the representation in the light of the fact that for last 27 years, no recruitment to the postof Pharmacist has been undertaken.

In view of the aforesaid, this writ petition is disposed ofwith the direction to the respondents to consider petitioner/s'representation in the light of the judgment in the case of PawanKumar Bardiya (supra) and taking note of the hardship and the lastrecruitment being in the year 1982, respondents are expected totake a proper view as indicated in the judgment referred to above.It is clarified that respondents will apply the ratio of the aforesaidjudgment instead of going into the facts therein. The petitioner/swill, however, enclose the copy of the judgment supra while copyof this order is served on the respondents.

Since representation would be considered as perdirections of this court, respondents are expected not to rejectapplication form of the petitioner/s as it is stated that applicationhas to be submitted on-line, however, acceptance of theapplication form pursuant to the directions of this court would beon provisional basis and will remain subject to final outcome ofthe representation of the petitioner/s. As directed, consideration ofthe representation may accordingly be made at the earliest. It isstated that selection is going to be held on 15.1.2012. Accordingly,consideration of representation by the State Government may be made on or before the aforesaid date. In case of delay, they areexpected to allow the petitioner/s to appear in the selection onprovisional basis and if representation is decided favourable to thepetitioner/s then subject to other eligibility, result of thepetitioner/s may be declared and not otherwise. In case of anydifficulty in carrying out the directions of this court, respondentswould be at liberty to seek clarification/ modification of this order.The same liberty is given to the petitioner/s in case anyclarification is required.

It is made clear that appearance of the petitioner/s inthe selection would however be subject to his/ their possessingrequisite eligibility, if any.

This disposes of the stay application also.

(MN BHANDARI), J.

bnsharma

All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.

(BN Sharma)PS-cum-JW