Dismissed

Girish Chandra Bhatt v. State of Rajasthan

Rajasthan HC10 Dec 2018SAW/1815/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed an appeal challenging age eligibility for a Grade-III Teacher post. The appellant, over aged by the cut-off date, claimed benefit under Rule 265 of Rajasthan Panchayati Raj Rules, 1996, due to non-recruitment the prior year. The court rejected the claim on factual grounds.

What did the court decide?

The appeal was dismissed, affirming the appellant is not eligible for the Teacher recruitment.

Girish Chandra Bhatt Vs State of Rajasthan — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 1815/2018

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Girish Chandra Bhatt S/o Sh. Ramesh Chandra Bhatt, Aged 42 Years, Resident Of Village And Post Nandod, Tehsil Sagwara, District Dungarpur (Raj.).

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----Appellant

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Versus

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State Of Rajasthan, through the Secretary, Department of Rural And Panchayati Raj, Government Of Rajasthan, Jaipur.

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Secretary, Department of Education, Govt. of Rajasthan, Jaipur, Rajasthan.

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Director, Elementary Education, Education, Department, Bikaner, Rajasthan.

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Chief Executive Officer, Zila Parishad, Udaipur, District Udaipur, Rajasthan.

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----Respondents

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For Appellant(s) : Mr. Abhimanyu Singh Rathore on behalf of Mr. Sandeep Shah

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For Respondent(s) : ---

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HON'BLE THE CHIEF JUSTICE MR. PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/12/2018

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Heard learned counsel for the appellant.

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Advertisement inviting applications from eligible candidates to fill up posts of Teacher Grade-III (Level-II) was issued on 31.07.2018. Cut off date prescribed was 01.01.2019. For general category candidates upper age limit prescribed was 40 years. Admittedly, the appellant had crossed the age of 40 years as on the cut off date.

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(2 of 2)

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[SAW-1815/2018]

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Case of the appellant was premised on Clause (X) of Rule 265 of the Rajasthan Panchayati Raj Rules, 1996 which reads as under:

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“If a candidate would have been entitled in respect of his/her age for direct recruitment in any year in which no such recruitment was held, he/she shall be deemed to be eligible in the next following recruitment, if he/she is not overage by more than 3 years.”

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No recruitment was held in the year 2017 and thus the appellant claimed entitlement to be considered as an eligible candidate in terms of Clause (X) of the Rule in question which we have noted hereinabove. If recruitment was held in the year 2017 the cut off date would have been 01.01.2018. As per the Rule in force as on said date the upper age limit was 35 years. The upper age limit was increased to 40 years in the subsequent year.

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Meaning thereby, if the recruitment was held in the year 2017 the appellant would not have been an eligible candidate because he was overage.

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The legislative intent behind the Rule in question is that if in a particular year a recruitment is not held, those who were within the age limit in said year if they have become overage the next year would be entitled to the benefit of examination not being held in the previous year requiring them to be treated as deemed to be eligible in the next following recruitment.

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The reasoning of the learned Single Judge is sound and in accordance with law. Appellant was not eligible to take in examination in the year 2017 being overage.

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The appeal is dismissed.

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(DR. PUSHPENDRA SINGH BHATI),J

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(PRADEEP NANDRAJOG),CJ

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12-MohitTak/-

Girish Chandra Bhatt v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Girish Chandra Bhatt v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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