- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R GIRDHAR SINGH BHATI VS. STATE & ANR S.B.CIVIL WRIT PETITION NO.1809/2006 DATE OF ORDER : 29/5/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Dr.Pushpendra Singh Bhati, for the petitioner. Mr.Tarun Joshi for Sh. J.P.Joshi, for respondent no.2 Mr.Shyam Ladrecha, Government Counsel. With the consent of parties, this case is finally heard. In this petition, petitioner has prayed for direction to the respondent to consider him within age limit for participation in the Selection process pursuant to advertisement dated 25/11/2005 for the post of Assistant Lecturer, Medical Oncology as per notification dated 25/6/2004 of Department of Personnel Government of Rajasthan. In this writ petition vide order dated 3.4.2006 petitioner was allowed to appear provisionally in interview for the post of Assistant Lecturer, Medical Oncology. After notice to the respondents, a reply has been filed by Rajasthan Public Service Commission in which it is specifically stated that petitioner did - 2 - not fulfill the requisite eligibility condition in relation to experience, so also no age relaxation can be granted by the commission, therefore, petitioner cannot be treated eligible for want of experience. In this case by way of filing application, it is pointed out by the petitioner that before filing writ petition a representation was filed by petitioner before the Commission. Upon said representation matter with regard to relaxation of age and experience was referred to the State Government and the Government has considered the issue and has finally took a decision that petitioner is eligible on the ground of age as well as teaching experience and further it is submitted in the application that there is no impediment for his being appointed on the post of Assistant Lecturer in Medical Oncology for which he was allowed to appear in interview under the interim order of this Court. Petitioner has placed on record the order of State Government dated 21/8/2007 communicated to Rajasthan Public Service Commission and communication dated 11/7/2007 issued by Rajasthan University of Health and Science, Jaipur and communicated to the Medical and Health Department which is communicated to the Rajasthan Public Service Commission vide forwarding letter dated 20/7/2007. Therefore, according to petitioner, respondents may be directed to consider his case for - 3 - appointment by treating him within age limit and eligible as per his experience. Having heard learned counsel for the parties and considering the material on record, in my opinion, when representation of petitioner was sent by the Rajasthan Public Service Commission to the State Government for clarification and now the State Government has clarified that no relaxation is required in age if post in question has not been advertised by the Rajasthan Public Service Commission after 1.1.99, therefore, treating petitioner within age limit, the Rajasthan Public Service Commission is required to follow the directions of the State Government which is communicated vide letter dated 21/8/2007. With regard to eligibility on the ground of experience, Rajasthan Public Service Commission is required to take final decision as per letter dated 11/7/2007 issued by Rajasthan University of Health and Science, Jaipur which is said to be communicated by the Deputy Secretary, Medical and Health Department (Group -I), Jaipur to Deputy Secretary, Rajasthan Public Service Commission, Ajmer vide communication dated 20/7/2007 upon clarification sought by the Commission. In view of the above, it is obvious that eligibility of - 4 - petitioner with regard to age and possessing requisite experience, the State Government has clarified the position and communicated the same to the Rajasthan Public Service Commission vide aforesaid communications, therefore, now Rajasthan Public Service Commission, Ajmer is under obligation to consider both the letters sent by State Government upon query made by itself and to consider the case of petitioner. In the order sheet dated 25.10.2007 it is observed by the coordinate bench, which is as follows:- “It is now stated by way of application moved by the petitioner on 31.08.2007 that the Government has considered the issue and has finally taken a decision that the petitioner is qualified on the ground of age as well as teaching experience and now, according to the petitioner, there is no impediment for his being appointed on the post concerned. The petitioner has placed on record the orders passed by the Government of Rajasthan on 21/8.2007 and 11.7.2007 in that regard. It is prayed that the respondents may be directed to consider the appointment of the petitioner by treating him within prescribed age and having requisite experience. Learned counsel Mr.Tarun Joshi submitted that the commission shall take into consideration the said orders issued by the - 5 - Government on 21.8.2007 and 11.7.2007 and take appropriate decision thereupon. Having regard to the facts and circumstances of the case and for the petitioner having been permitted to face the interview by way of an interim order it does not appear appropriate to dispose of the petition at this stage. However, let a decision in accordance with the order issued by the Government be taken by the Commission, and pendency of this writ petition shall not of any impediment for the Commission to take appropriate decision in that regard. List this matter after four weeks.” In these circumstances, this writ petition is disposed of with a direction to the Rajasthan Public Service Commission, Ajmer to finally decide the claim of petitioner with regard to selection on the post of Assistant Lecturer, Medical Oncology while considering the aforesaid letters of clarifications issued by the State Government for treating petitioner within age limit and eligible as per his experience within a period of 15 days from the date of receipt of certified copy of this order. No order as to costs. (GOPAL KRISHAN VYAS),J . pankaj baweja pankaj baweja