1 D.B.Civil Special Appeal (Writ) No.708/2010 Ashok Kumar V/s State of Rajasthan & ors. 21.12.2010 Hon'ble the Chief Justice Mr.Arun Mishra Hon'ble Mr.Justice Mahesh Bhagwati Mr.R.N.Mathur ) Mr.S.S.Hora )-for the appellant Heard on the question of admission. The interlocutory order passed by Single Bench is subject matter of challenge in the instant intra-court appeal. The candidature of the petitioner has not been considered for the post of IAS cadre in the year 2010 on the ground that he has completed the age of 54 years as on first January, 2010. The case of the petitioner is that the post fell vacant on 13th March, 2009, as such, it was necessary to consider it in the last year itself when the petitioner was within the age limit. The inaction of the State could not have come in the way of the petitioner to reject his candidature for the post in question. The age as on first January, 2009 is required to be taken into consideration as the vacancy arose in March, 2009 itself and that post had been considered to be filled in by the Committee. After hearing learned counsel for the petitioner at length, the question is not to decide the case on merit today as the main petition is pending consideration before the Single Bench. The question is how to insulate the petitioner during the pendency of the writ application. We find that the Single Bench has already observed that any 2 appointment which may be made pursuant to the meeting which has been held, shall be subject to the decision of the writ petition. In our opinion, the aforesaid insulation is sufficient to safeguard the interest of the appellant-petitioner during the pendency of the writ application. However, as we are informed that return has already been filed before the Single bench, we request the Single Bench to decide the case on merit as early as possible in the peculiar circumstances of the case. Accordingly, this intra-court appeal stands disposed of with the aforesaid observations. (Mahesh Bhagwati)J. (Arun Mishra)C.J. Parmar