1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.9496/02 Banshi Lal Yadav vs. State & Anr. Date of order : 7/1/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri R.S. Shah for the petitioner. Shri S.N. Kumawat for the respondent. ****** The controversy raised in this writ petition is squarely covered by the judgement of this Court in Nk/Na Mahaveer Prasad Yadav Vs. The Secretary, Rajasthan Public Service Commission, Ajmer. & Anr. (SBCWP No.8589/2007) decided on 4/7/2008 wherein while relying upon the judgement of the Division Bench dated 24/1/2005 passed in Sardar Singh Vs. RPSC Ajmer (DBSAW No.1114/2003, it was held as under: “I have considered contentions made at the bar and perused material on record. Division Bench of this Court in Sardar Singh Vs. RPSC Ajmer (supra), examined Circular issued by Government of India and the scheme of Rules, 1988, particularly after taking note of definition of “ex-serviceman” U/r 3(a) of Rules, 1988 and observed that one can be considered as ex-serviceman only after being discharged from armed force. In instant case, petitioner was very much serving in armed force when he submitted application in pursuance of advertisement (Ann.1) 2 particularly on last date (13/07/07) and was discharged thereafter on 01/12/07; as such was not covered within definition of “ex- serviceman” as provided U/r 3(a) of Rules, 1988. In the light of judgment in Sardar Singh Vs. RPSC Ajmer (supra), this Court does not find any merit in instant petition, which consequently fails and is hereby dismissed. No order as costs. In view of above, I find no merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/