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Judgment
Ajay Rastogi, J.—One of the contentions advanced by the counsel is that Petitioner after taking note of the amendment notification dt.23.09.2008 (Annx.3) is within age of 43 years as on 01.01.2011, as such he is eligible to participate in the selection process. Counsel submits that he is apprehending that amendment notification will not be taken note of while his eligibility being determined by the Respondents and that may cause prejudice. Counsel submits that in identical CwP-15668/2010 (Mahendra Kumar Bheel and Ors. v. State of Raj. and Ors.)while issuing notices interim order has been passed on 30.11.2010.
Issue notice of writ & stay petition along with a copy of this order to the Respondents as to why the petition may not be disposed of at the stage of admission, returnable by four weeks. Notices may be given ''dasti, if desired. PF & notices be filed within seven days, failing which the stay order will automatically stand vacated without further reference to the Court.
In the meanwhile, Respondents are directed to consider age of the Petitioner after taking note of the amendment notification dt.23.09.08 and if otherwise found eligible may be permitted to participate in the selection process on provisional basis which will not confer any right and will be subject to final outcome of the instant petition.
List after service along with CWP 15668/2010.