Rajasthan High Court - Jaipur
Deepak Singh Khatana S/O Shri Mahendra ... vs State Of Rajasthan on 24 August, 2020
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17260/2019
Deepak Singh Khatana S/o Shri Mahendra Singh, Aged About 25
Years, R/o Village Nayagaon Kalan, Post Samaraya, Tehsil
Bayana, District Bharatpur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through Director General Of Police,
Police Headquarter, Rajasthan, Jaipur.
2. Inspector General Of Police (Recruitment), Rajasthan,
Jaipur.
3. Inspector General Of Police (Recruitment Board), Kota
Range, Kota.
4. Rajasthan Public Service Commission, Through Its
Secretary, Ghoogra Ghati, Ajmer (Raj.)
----Respondents
For Petitioner(s) : Mr. Tanveer Ahamad (Through V.C.)
For Respondent(s) : Mr. Avinash Choudhary for Dr. V.B.
Sharma, AAG (Through V.C.)
M.F. Baig (Through V.C.)
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
24/08/2020
This writ petition has been filed by the petitioner with the
following prayer:-
It is, therefore, humbly prayed that Your
Lordship may graciously be pleased to
accept and allow this Writ Petition and
by an appropriate writ, order or
direction:
1. The non participation / absence of the
petitioner in the Physical Efficiency Test
conducted by the respondents on
27.09.2019, due to his illness may
kindly be condoned and accordingly the
respondents may be directed to conduct
Physical Efficiency Test of the petitioner
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for appointment on the post of Sub
Inspector in pursuance of the
advertisement (Annx. 1)
2. That the respondents may be further
directed to consider the candidature of
the petitioner for further process of
selection i.e. interview, for appointment
on the post of Sub Inspector consequent
upon the successful participation in
Physical Efficiency Test in pursuant to
the Advertisement (Annx.1) in the
interest of justice.
3. Any other appropriate order, which
may be found just and proper in the
facts and circumstances of the case, be
passed in favour of the petitioner.
4. Cost of writ petition may be awarded
in favour of the petitioner.
Brief facts of the case are that the petitioner applied for the
post of Sub-Inspector in pursuance to advertisement dated
05.10.2016. After qualifying in the written test, the petitioner was
called for physical efficiency test which was scheduled to be held
on 27.09.2019. The petitioner was suffering with Dengue fever
and was admitted in the Narayan Multispeciality Hospital on
23.09.2019 and remained there upto 29.09.2019.
Counsel for petitioner submitted that the petitioner
submitted application through registered post on 26.09.2020
(Annex.8) to the respondent for extension of his physical
efficiency test from 27.09.2019 to some other date, as he was not
well on the said date.
Counsel further submitted that since the respondents did not
provide chance to him for his physical efficiency therefore he filed
the present writ petition before this Court on 05.10.2019. Counsel
for the petitioner further relied on the judgment passed by the
Hon'ble Supreme Court in the matter of Mahendra Pratap Singh
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Vs. State of Uttar Pradesh and Others reported in (2019) 13
SCC wherein it has been held as under:-
2. The appellants are candidates who
participated in the selection process of Ranker
Sub-Inspector conducted during 2011. According
to them, they were not physically fit to
participate in the physical efficiency test and yet
they were compelled to participate. It is further
submitted that for those who have not thus
participated in the selection on account of the
physical illness, the Competent Authority had
issued a circular permitting them to participate
on a subsequent date. Therefore, it is submitted
that the candidates who have been compelled to
undergo physical efficiency test despite their
illness could not have been put in a worse
condition.
3. Ms. Aishwarya Bhati, learned Additional
Advocate General, appearing for the
respondents points out that the State had taken
a stand before the High Court that in the case of
those who have participated without any
objection could not be given a second chance.
4. We find from the penultimate paragraph of
the impugned judgment that the Division Bench
of the High Court has permitted for re-test in the
case of those candidates who had informed
about the ailment on the date of the physical
efficiency test or earlier. The relevant paragraph
of the impugned judgment is extracted below:-
"In view of the aforesaid
discussions, we find no
infirmity or illegality in the
impugned judgment, which
is hereby approved.
However, it is provided that
in respect of Category III
and Category IV candidates,
benefit of the above
judgment shall not be
extended to the candidates,
who have not informed
about the ailment on the
date of Physical Efficiency
Test or earlier."
5. In case, the appellants had actually informed
prior to the test or at the time of test regarding
their ailment they are otherwise protected by the
High Court. Such of the appellants are permitted
to approach the competent authority with
supporting material, in which case the needful in
the light of the judgment as extracted herein
above will be done within another one month.
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6. Therefore, no further orders are required in
these appeals. The appeals are, accordingly,
disposed of.
Counsel for the respondent opposed the writ petition and
submitted that conducting the PET/PST requires various
mechanical equipment and availing them for conducting the
PET/PST for the petitioner would not be feasible for the
respondents.
Heard counsel for the parties and perused the record. This writ petition filed by the petitioner deserves to be allowed for the reasons; firstly admittedly the petitioner was not well on the day of physical efficiency test i.e. on 27.09.2019 which is proved by documentary evidence i.e. medical record of the concerned hospital; secondly on 26.09.2019 the petitioner duly informed the respondents for giving one more chance due to his illness and lastly in view of the judgment passed in the matter of Mahendra Kumar (Supra) the petitioner deserves one more chance.
In that view of the matter, the respondents are directed to re-conduct the PET/PST for the petitioner within a period of ten days from receiving of certified copy of this order and respondent No. 4 is directed to allow the petitioner provisionally in the interview and if the petitioner is found successful in PET/PST, then his case be considered for appointment as per his merit and category for the post in question.
The writ petition is accordingly allowed.
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