Rajasthan High Court - Jodhpur
Dropadi Jyani vs State Of Rajasthan on 25 September, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14097/2019
Dropadi Jyani D/o Shri Kalu Ram, Aged About 33 Years, R/o In
Front Of Balwadi School, Nokha Road, Gangashahar, District
Bikaner (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home, Govt. Of Rajasthan, Jaipur.
2. Director General Of Police, Rajasthan, Jaipur.
3. Inspector General Of Police, (Recruitment), Rajasthan,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Aidan Choudhary.
For Respondent(s) : Mr. Kailash Choudhary for Mr. Manish
Vyas, AAG
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 25/09/2019 This writ petition has been filed by the petitioner seeking a direction to the respondent to conduct the Physical Efficiency Test ('PST') of the petitioner for the post of Sub-Inspector / Platoon Commander after the petitioner recovers from the injury.
It is, inter-alia, indicated in the writ petition that the petitioner suffered injury on 06.08.2019 when certain miscreants attacked the petitioner. The petitioner has cleared her written test and by the admit card issued to the petitioner, she has been required to appear for PET on 23.09.2019.
It is submitted based on the material produced on record that presently, the petitioner on account of the injury suffered by (Downloaded on 26/09/2019 at 08:49:55 PM) (2 of 3) [CW-14097/2019] her is not in a position to undertake the PET and therefore, she may be accorded three months' time to undertake the same.
Learned counsel appearing for the respondents made submissions that the petitioner is seeking time beyond the period when all other candidates pursuant to the recruitment would undergo PET.
Submissions have been made that on application made by the petitioner, the petitioner has been accorded time till 27.09.2019 and in case, the petitioner is not able to appear for PET, she is not entitled for any further indulgence.
Reliance has been placed on order passed in the case of Sunil Kumar Jani v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.14086/2018, decided on 18.09.2018, which has been upheld in D.B. Special Appeal (Writ) No.1685/2018 : Sunil Kumar Jani v. State of Rajasthan & Ors., decided on 14.11.2018.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
It is not in dispute that the petitioner has cleared her written test and has been called for PST/PET on 23.09.2019. However, apparently, on account of her having suffered an injury on 06.08.2019, she is not in a position to appear for such PET. The fact that the petitioner suffered the same on account of some criminal activity and/or otherwise does not effect the merit of the case in so far as her inability to appear for requisite PET is concerned.
This Court in the case of Sunil Kumar Jani (supra), in a similar nature writ petition, wherein the candidate had suffered an accident, was operated and on account of the said condition was (Downloaded on 26/09/2019 at 08:49:55 PM) (3 of 3) [CW-14097/2019] required to avoid running for three months, after considering the matter in question, came to the following conclusion :-
"The petitioner has participated in a recruitment process, where the appointments are required to be granted based on inter se merit of the candidates by including the marks obtained at Written Examination and PET subject to their fulfilling PST. Though unfortunate it is that the petitioner suffered accident and consequential knee surgery, the PET of the petitioner cannot be postponed indefinitely, i.e. till such time the petitioner is declared fit to undergo PET.
A bare look at the requirements of PET indicates that the same is quite stressful, wherein a candidate is required to run for 5 kilometers within maximum 25 minutes, based on which, the marks are awarded. The Doctors have presently advised the petitioner to avoid running in any form for next 3 months and, therefore, it is absolutely speculative as to when the petitioner would gain medical fitness to undertake 5 kilometers running and, therefore the plea seeking deferment of the PET of the petitioner cannot be countenanced."
The above order in the case of Sunil Kumar Jani (supra) has been upheld by the Division Bench.
In view of the above judgment of this Court in the case of Sunil Kumar Jani (supra), the fact situation of the present case is squarely covered.
In view thereof, no case for grant of any indulgence is made out, the writ petition is, therefore, dismissed.
(ARUN BHANSALI),J 255-Rmathur/-
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