Govind Mathur, J.

This appeal is barred by limitation from 265 days. Learned counsel for the respondent submits that he is having no objection in getting the delay in filing the appeal condoned. Accordingly, the application preferred under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal is allowed. The delay of 265 days in filing the appeal is condoned.

2. With the consent of learned counsel for the parties, the appeal is heard on merits.

3. In brief, facts of the case are that the respondent petitioner Mr. Shyam Lal Purohit claimed appointment as per the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 being adopted son of Mr. Heera Lal Purohit, who died while in service on 25.05.2008. The appellant-respondents denied him appointment on the count that in his mark-sheet relating to 8th Standard Examination, he has been shown as son of Mr. Mangi Lal Purohit, his original father. It is also stated that in the year 1997-98, the age of respondent-petitioner Mr. Shyam Lal Purohit was more than 15 years, therefore, subsequent thereto, he could have not been adopted as per the provisions