ORDER

1. The convict-petitioner Rajendra @ Goru has approached this Court by way of this writ petition for assailing the order dated 23.02.2022 passed by the Open Air Committee whereby the application submitted by the petitioner to be sent to the Open Air Camp was dismissed.

2. Learned Counsel Shri Bhati submitted that the respondents have erred in rejecting the application filed by the petitioner for being sent to the Open Air Camp with reference to Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter referred to 'as the Rules of 1972') by observing that the petitioner has been convicted for the heinous offence of committing sexual assault upon his own niece. Shri Bhati submitted that Rule 3 of the Rules of 1972 only imposes a condition that prisoners, who have been convicted for classified offences under Rule 3(d) and fall under other categories in the sub-Rules of Rule 3 shall ordinarily not be eligible to be sent to the Open Air Camp. He urges that the term 'ordinarily' has been extensively interpreted by this Court in D.B. Criminal Writ Petition No.38/2018 (Nirbhay Singh @ Nabbu vs. State of Rajasthan & Ors.) decided on 04.04.2018 and cannot be treated to be