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2026 Supreme(Online)(Raj) 2110

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUNNURI LAXMAN
PEETAMBAR DAS – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 1380 / 2026



##PAGE1##

[2026:RJ-JD:6655]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1380/2026

Peetambar Das S/o Shri Shankar Lal, Aged About 47 Years,

R/o Village Post Myajlar, District Jaisalmer, Rajasthan.

----Petitioner

Versus

1. The State Of Rajasthan, Through Its Secretary,

Department Of Medical, Health And Family Welfare

Department, Government Of Rajasthan, Secretariat,

Jaipur.

2. Mission Director, National Health Mission And Ex-Officio

Joint Director, Department Of Medical, Health And Family

Welafre Department, Government Of Rajasthan, Jaipur.

3. Secretary, Rajasthan Staff Selection Board, Jaipur,

Rajasthan.

4. Project Director, National Health Mission, Medical, Health

And Family Welfare Department, Government Of

Rajasthan, Jaipur.

5. Director, Rajasthan State Institute Of Health And Family

Welfare, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. V.L.S. Rajpurohit

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

05/02/2026

1. On the request of the learned counsel appearing on behalf of

the petitioner, the matter is taken up for final disposal at the

admission stage.

2. The present writ petition has been filed seeking relaxation in

age for appointment to the post of Community Health Officer

(CHO).

(Uploaded on 05/02/2026 at 05:32:00 PM)

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[2026:RJ-JD:6655] (2 of 3) [CW-1380/2026]

3. The case of the petitioner is that the petitioner made an

application for selection to the post of Community Health Officer

(CHO) in pursuance of the advertisement dated 28.01.2025

(Annex.1). It is the case of the petitioner that, by the last date of

application, the petitioner was over-aged; still, he made an

application giving the correct date of birth, and that application

was accepted and he underwent the selection process. He was

found to be meritorious; however, his candidature was not

considered for appointment. Aggrieved by the same, the present

writ petition has been filed.

4. Learned counsel appearing on behalf of the petitioner

submits that the service rules permit age relaxation to eligible

persons; as such, the respondents may be directed to consider the

case of the petitioner for age relaxation, as he was successful in

the selection process.

5. At the outset, this argument is required to be rejected. The

petitioner, on the date of application, was over-aged. This means

he did not meet the eligibility criteria prescribed under the

advertisement, which were required to be followed by every

candidate. If the petitioner had any grievance with regard to

extension of age, he should have challenged the notification and

sought consideration for relaxation of age. Without doing so, he

made an application as if he fulfilled the criteria mentioned in the

advertisement. This act of the petitioner amounts to a misleading

act and having misled the authorities as if he fulfilled the eligibility

criteria and participated in the selection process. Though he

secured merit, his candidature cannot be considered because he

was disqualified from making an application.

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[2026:RJ-JD:6655] (3 of 3) [CW-1380/2026]

6. In view of the aforesaid, the present writ petition is

misconceived and is dismissed with exemplary costs of

Rs. 10,000/-

7. Pending application(s), if any, shall also dispose of.

(MUNNURI LAXMAN),J

169s-PoonamS/-

(Uploaded on 05/02/2026 at 05:32:00 PM)

(Downloaded on 07/02/2026 at 02:18:14 AM)

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