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Judgment
The petitioner seeks to withdraw the prayer made in clause
(b) & (c) of the writ petition, in light of the judgment dated
05.10.2017 passed by this Court at Jaipur Bench rendered in S.B.
Civil Writ Petition No.5724/2017 titled as "Anil Kumar & Ors. Vs.
State of Rajasthan & Anr.
On oral request of learned counsel for the petitioner, the
prayer made in clause (b) & (c) of the writ petition is permitted to
be withdrawn, which have otherwise been decided by this Court in
the judgment dated 05.10.2017 (supra).
Adverting to the petitioner''s alternative prayer that the
respondents be directed to grant relaxation in getting maximum
marks, this Court is of the considered opinion that such relaxation
can only be granted by the Competent Authority/State
Government, for which there is no representation or request made
by the petitioner. Without observing anything on the merit of
petitioner''s contention, whether he is entitled for such relaxation
or not, this Court is of the considered opinion that no mandamus
or direction can be issued, until and less there is corresponding
request made by the petitioners.
In view of above, the writ petition is disposed of with the
direction to the petitioner that he may move an appropriate
representation before the Competent Authority/State Government
for relaxation in the eligibility conditions.
As and when such representation is filed, the respondents
would decide the same expeditiously in accordance with law
preferably within a period four weeks from filing the
representation.
Needless to observe that the direction to decide petitioner''s
representation has been issued only with the view to esnure
expeditious redressal of the petitioner''s grievance and the same
may not be construed to be a direction to decide the petitioner''s
representation in a particular manner.
With these observations, the writ petition disposed of.
Needless to observe that it shall be open for the petitioner to
lay challenge to such decision of the State Government pursuant
to petitioner''s representation in accordance with law.