S. B. CRIMINAL PAROLE WRIT PETITION NO.4904/2010 BHURI DEVI V. THE STATE OF RAJASTHAN. DATE OF ORDER ::: 21/07/2010 HON'BLE MR. C.M.TOTLA, J. By Post. Mrs. Chandra Lekha, PP, for the State. Petition application of wife of prisoner Kishna Ram, requests direction for sending Kishna Ram to open air camp. According to application, the prisoner convicted for the offence of NDPS Act and sentenced ten years' rigorous imprisonment – has completed seven years imprisonment and presently is at Central Jail, Jodhpur – petitioner & convict agriculturist - wholly dependant on agriculture – due to drought and this detention, no agriculture produce for years – sending to open air camp is also essential for appropriate education of children. Stated that the prisoner since three years eligible for being forwarded to open air camp, but he is continuously being deprived of this. Respondent, in reply, averred that sentence confirmed in appeal – till this date, undergone little above 7 years – matter was referred to competent authority the Director General and Inspector General (Prisons), Jaipur on 23.3.10 and is to be considered in next week meeting. Also stated that per rule 6 (a) of the Rajasthan Open Air Camp Rules, 1972 convicts who have served longer term of imprisonment, are to be given preference in relation to those who have served lesser term of imprisonment and a seniority list, on the basis of this rule and directions, is prepared. Learned Public Prosecutor argued that persons who have served much more than present convict are in seniority list. According to rules, normally, prisons who have served long above and also to be given preference. In the instant case, petitioner has served seven years and putting his name in the seniority list or eligible persons made for the purpose, his name has been put in. Petitioner's case, per reply and assertion, is to be considered in the meeting to follow. In above view of the matter and as in the seniority list appears name of the prisoner, no mandatory directions are warranted. The respondents to consider prisoner's case in the very next meeting but within three months. With above directions, decided. scd (C. M. TOTLA), J.