1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B.CIVIL WRIT PETITION No.259/2008 PHULA @ PHOOL CHAND V/s THE STATE OF RAJ. & OTHERS DATE OF ORDER :: MAY 19, 2008 PRESENT HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE M.C. BHAGWATI Shri Anshuman saxena for the petitioner. Shri Ashvini Sharma, Dy. Govt. Advocate. BY THE COURT : (Oral) Heard learned counsel for the parties. 2. A direction has been sought by the petitioner to transfer him to the open air camp or in the alternative to place his case before the Prisons Open Air Camp Advisory Committee. 3. The only objection raised in the reply by the respondents is that as per history-ticket of the petitioner, he is 60 years and as per rules of Rajasthan Open Air Camps Rules, 1972 (for short '1972 rules'), the petitioner is not eligible for admission to open air camp. 2 4. In Krishna & Ors v/s State of Rajasthan & Ors (2006 (1) RDD 429 (Raj.) (DB), this court indicated as under : “Eligibility criteria incorporated in Rule 3 is directory in nature. The persons mentioned in the said rule are although normally not eligible for being sent of Open Camp, they may however be sent when special circumstances exists. In view of the Rules 7, 8, 9 and 10, the prisoners can keep their families with them in Open Camp. Suitable accommodation for this purpose shall be allotted to the prisoners for this purpose and they shall have to make their own cooking arrangement for their food from their own earning from the work distributed to them. Work in any form can be allotted to the prisoner.” 5. Since rule 3 has been interpreted as mandatory, the case of the petitioner can be considered for sending him to the Open Air Camp. We accordingly direct the respondents to place the petitioner's case before the Prisons Open Air Camp Advisory Committee within 15 days from today. The Committee shall decide the case in view of ratio indicated in Krishna's case (supra). 3 6. The petition stands disposed as indicated hereinabove. 7. A copy of this order be remitted to the Superintendent, Central Jail, Jaipur. (M.C. BHAGWATI),J. (Shiv Kumar Sharma),J. Chauhan/