D.B.CIVIL WRIT PETITION (PAROLE) NO.5085/2008 ANWAR ALI VS. STATE OF RAJ. AND ORS. 23.07.2008 HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anshuman Saxena for the petitioner. Mr. Jinendra Jain, Dy.G.A. for the State. Heard. In this petition, the petitioner has prayed to transfer him to the Open Air Camp Sanganer, Jaipur. The respondent has submitted reply to the petition stating therein that since the petitioner is a permanent resident of Uttarpradesh District hence, he is not eligible for transfer to Open Air Camp. Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short '1972 Rules') provides that prisoner whose ordinary place of residence is outside the State of Rajasthan shall ordinarily be not eligible for being sent to Open Air Camp. The word 'ordinarily' gives discretion to the Prisoners Open Air Camp Advisory Committee in the matter and in exceptional cases a person whose ordinary place of residence is outside may be transferred to Open Air Camp. In the instant case, although an attempt has been made to persuade us by showing the Voter List to justify the transfer of the petitioner but we are of the opinion that incorporating the names in the Voter List shall not mean that the person named in the list is a resident of State of Rajasthan. We find ourselves unable to accept the contention raised by the learned counsel for the petitioner. Resultantly, the petition being devoid of merits stands dismissed. (MAHESH BHAGWATI),J. (SHIV KUMAR SHARMA),J. PCG