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2015 Supreme(Raj) 1672

SANDEEP MEHTA
Budha Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Dr. A.A. Bhansali, Advocate.
For the Respondents: Ms. Sweta Bora for Mr. Anil Bissa, AGC.

JUDGMENT

1. - Heard and perused the material available on record.

2. By way of the instant writ petition, the petitioner has approached this Court praying for the following relief:-

“(i) By an appropriate writ, order or directions, the order dated 1.4.2010 (Annex.6) to the extent it debars the petitioner for promotion till next five promotional stage may kindly be quashed and set aside.

(ii) By an appropriate writ, order or directions, the respondents be directed to consider the case of the petitioner for promotion after a period of five years on the basis of result of present examinations.”

3. The petitioner was appointed as a constable in the respondent police department on 6.12.1994. He claims to be having unblemished service in the department till date. On 30.12.2009, an advertisement was issued inviting applications from eligible candidates for appearing in the test for promotion to the post of head constable. The petitioner submitted an application form dated 7.1.2010 for appearing in the promotion process. The petitioner stated in his application that 2 children were born to him after 1.6.2002 and he was having 1 child before that date. The petitioner appeared in the examination















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