1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B.CIVIL WRIT PETITION No.3441/2008 RISHIPAL V/s STATE OF RAJASTHAN & Anr DATE OF ORDER :: MAY 19, 2008 PRESENT HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE M.C. BHAGWATI Shri Suresh Sahni for the petitioner. Shri Ashvini Sharma, Dy. Govt. Advocate. BY THE COURT : (Oral) Heard learned counsel for the parties. Despite last opportunity, no reply has been filed by the respondents. It appears that the petitioner has completed actual sentence of 14 years 2 months and 6 days and also earned the remission of 3 years 11 months and 9 days. The total period of sentence comes to 18 years 1 month and 15 days. In view of the judgment dated January 23, 2008 rendered by this Court in D.B. Civil Writ Petition No.2421/2007, 2 Mukesh Sharma v/s State, the case of the petitioner was placed before the Advisory Board, Ajmer, by the Superintendent of Central Jail, Ajmer, under the provisions of Rajasthan Prisons (Shortening of Sentences) Rules, 1958 (for short '1958 rules') but the Advisory Board, Ajmer, in its reply dated March 31, 2008 flouted the rules 7 and 8 of 1958 rules and declined to consider the case of the petitioner on the ground that the petitioner had undergone 14 years of sentence recently and the age of the petitioner was 39 years. The order passed by the Advisory Board has been incorporated by the petitioner in the instant petition. In our opinion, the impugned order of the Advisory Board is violative of Article 21 of the Constitution. We, therefore, direct the State of Rajasthan to consider the case of the petitioner under rule 12 of 1958 rules. Within 30 days from today. 3 The writ petition stands allowed as indicated hereinabove. A copy of this order be remitted to the Secretary (Home). (M.C. BHAGWATI),J. (Shiv Kumar Sharma),J. Chauhan/