PUSHPENDRA SINGH BHATI, YOGENDRA KUMAR PUROHIT
Hanuman Singh S/o Shri Kumbh Singh – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Department Of Personnel – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J:
1. Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered D.B. Civil Writ Petition No.3757/2023, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present judgment, would also be based, particularly, on the factual matrix of the lead case.
2. The prayer clauses read as under:-
A. By an appropriate writ, order or direction, the impugned Para 7 (x) of the advertisement dated 11.11.2020 and rule 19(2) (b) & (c) Rajasthan forest subordinate rules 2015 states about the standard of Physical efficiency test for man including Ex-servicemen category irrespective of age/category in pursuance of the advertisement dated 11.11.2020 (Annex-2) and Corrigendum advertisement 11.03.2022 (Annex-3) may kindly be quashed and set aside.
B. By an appropriate writ, order or direction, any verbal/w
Anupal Singh & Ors. Vs State of U.P. (2020) 2 SCC 173
Ex-servicemen undergoing recruitment must be assessed under specific rules outlining moderate fitness standards, rather than rigorous standards applied to younger recruits.
The court reaffirmed that candidates participating in a selection process cannot challenge the established criteria post-participation, emphasizing adherence to statutory rules and the irrelevance of....
The benefit of reservation provided to ex-servicemen in the advertisement of 2015 could not have been withdrawn in 2019. The Rules of 1963 would prevail over the Rules of 1988.
Eligibility criteria for Ex-servicemen in recruitment must align with statutory rules; arbitrary conditions imposed by executive instructions are unlawful.
The court affirmed that special age limits for specific categories, like Ex-Servicemen, cannot be combined with general relaxations, maintaining the prescribed upper age of 50 years.
The main legal point established in the judgment is the eligibility criteria for ex-servicemen under the Jammu & Kashmir Reservation Rules, 2005 and the inapplicability of the Ex-Servicemen (Re-emplo....
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