Judicature For Rajasthan High Court · 2012

HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mr. Anshuman Saxena, for petitioner Mr. J.R. Bijarnia, Addl. GA, for the State *** Notice of this petition was given to the learned Counsel for the State. The case of the petitioner is that the petitioner submitted his application for transfer to the Open Air Camp, but the same is not being considered by the respondents. He submits that the reason being given unofficially and told to the petitioner is that on account of the fact that he is not married, therefore, he is not entitled to transfer to the Open Air Camp in view of Rule 3(m) of the Rules of 1972. Learned Counsel for the petitioner submitted that this court has already struck down the Rule 3(m) of the Rules of 1972 as being ultra vires and accordingly, the aforesaid bar contained in Rule 3(m) cannot be enforced against the petitioner for denying him the benefit of being shifted to the Open Air Camp on account of being single and not married. In the facts and circumstances, therefore, we would dispose of this petition with the directions to the respondents that in case the petitioner submits an application, they would accept the same and after due consideration in accordance with law decide the same within six weeks. With the aforesaid directions, this petition stands disposed of. [S.S.KOTHARI], J. [DALIP SINGH],J. FRBOHRA5390DBCW(parole)2012 17-04.doc Certificate: “All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” FATEH RAJ BOHRA, P.A.