JUDGMENT 1. - Instant petition has been filed claiming reservation available to 1 ex-servicemen under Rajasthan Civil Services Absorption of Ex-serviceman Rules, 1988 ("Rules, 1988"). 2. Vacancies of posts under Rajasthan State & Subordinate Services Rules were advertised vide notification dated 01.06.07 (Ann. 1). As a member of OBC, petitioner submitted his application for consideration claiming himself eligible being ex-service man in pursuance of advertisement (Ann. 1) -as per conditions whereof, last date of inviting applications was 13.07.2007 and the petitioner was discharged from defence service on 01.12.07; hence indeed, on the date of last date (13.07.07) he was in defence service and could not 1 have been considered as ex-serviceman under Rules, 1988. 3. Counsel for petitioner submits that in terms of Circular of Government of India-extract whereof produced as Ann. 6, as regards re-employment of ex-serviceman, there is stipulation that applicants already in service becomes eligible for applying against civil posts atleast a year 1 before he is leaving armed service; as such application submitted by petitioner in pursuance of advertisement (Ann. 1) could have been considered and petitioner ought to have been permitted against quota of ex-servieman for consideration of appointment. 4. Respondents have filed reply in which it has been inter-alia averred that eligibility conditions are to be examined only on the last date of application form and indisputably on which date, petitioner was serving armed force and taking into consideration the fact of his discharge effective , from 01.12.07, cannot be allowed to claim reservation of ex-serviceman. Counsel for respondent (PSC) placed reliance upon judgment dated 24.01.05 passed by Division Bench of this Court in Sardar Singh v. RPSC Ajmer, Special Appeal (Writ)-1114 of 2003 & 2 others . 5. I have considered contentions made at the bar and perused material on record. Division Bench of this Court in Sardar Singh v. RPSC Ajmer (supra), examined Circular issued by Government of India and the scheme of Rules, 1988, particularly after taking note of definition of "ex-serviceman" U/r. 3(a) of Rules, 1988 and observed that one can be considered as ex-serviceman only after being discharged from armed force. In instant case, petitioner was very much serving in armed force when he submitted application in pursuance of advertisement (Ann. In instant case, petitioner was very much serving in armed force when he submitted application in pursuance of advertisement (Ann. 1) particularly on last date (13.07.07) and was discharged thereafter on 01.12.07; as such was not covered within definition of "ex-serviceman" as provided U/r. 3(a) of Rules, 1988;, In the light of judgment in Sardar Singh v. RPSC Ajmer (supra), this Court does not find any merit in instant petition, which consequently fails and is hereby dismissed.No order as to costs.Petition dismissed. *******