Rajasthan High Court - Jaipur
The State Of Rajasthan vs Brijesh Kumar Meena Son Of Shri Kajor Mal ... on 2 July, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 908/2019
In
S.B. Civil Writ Petition No.26858/2018
1. The State Of Rajasthan, Through Principal Secretary,
Department Of Home, Government Secretariat, Jaipur.
2. The Director General Of Police, Rajasthan, Police Head
Quarter, Lal Kothi, Jaipur.
3. The Superintendent Of Police, Ajmer.
----Appellants
Versus
Brijesh Kumar Meena Son Of Shri Kajor Mal Meena, Aged About
21 Years, R/o Village Syawata, Tehsil Dooni, District Tonk
(Rajasthan).
----Respondent
For Appellant(s) : Shri Harshal Tholia on behalf of Dr. Vibhuti Bhushan Sharma, AAG For Respondent(s) :
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 02/07/2019 (PER HON'BLE MOHAMMAD RAFIQ, J.) This appeal is directed against the judgement of the learned Single Judge dated 20.12.2018, who by allowing the writ petition filed by the respondent-Brijesh Kumar Meena directed the Superintendent of Police, Ajmer to appoint the petitioner on the post of Constable (General Duty) in District Ajmer as per his merit at the recruitment of Constables in 2018. (Downloaded on 08/07/2019 at 10:47:37 PM)
(2 of 3) [SAW-908/2019] We have heard Shri Harshal Tholia on behalf of Dr. Vibhuti Bhushan Sharma, learned Additional Advocate General for appellants and perused the impugned order.
The respondent-writ petitioner in the present case applied for appointment on the post of Constable under Rajasthan Police Subordinate Service Rules, 1989 pursuant to the advertisement dated 25.5.2018. He passed the written examination and then successfully qualified the Physical Standard Test (PST) and Physical Efficiency Test (PET), yet he was not appointed. The select list was published on the Police Department's website on 27.11.2018. According to the respondent-writ petitioner, he despite securing a higher aggregate marks i.e. 57.625, was not appointed as Constable (General) in S.T. category, whereas the candidates having secured 54.125 marks in that category were appointed.
The case of the appellants before the learned Single Judge and now before the division bench is that the chest measurement of the respondent was only 80.1 cms (deflated), but he was given relaxation as per Rule 14(2) of the Rajasthan Police Subordinate Service Rules, 1989. However, the proviso thereof stipulated that benefit of such relaxation would be extended only if sufficient number of candidates belonging to SC/ST possessing physical fitness standards as laid down in the said Rule 14(2) are not available. The respondent therefore could not be appointed.
Perusal of the impugned order passed by the learned Single Judge indicates that the measurement of chest of the respondent made during the Physical Standard Test (PST) revealed that his normal chest (deflated) was 80.1 cms and when inflated was 90.5 cms. Learned Single Judge therefore held that it was extremely (Downloaded on 08/07/2019 at 10:47:37 PM) (3 of 3) [SAW-908/2019] unlikely that measurement of the inflated chest of the candidate would exceed the deflated chest by over 10 cms. Learned Single Judge therefore relied on the report of the examination conducted by the Medical Board constituted pursuant to interim order of this Court dated 6.12.2018 by Superintendent, SMS Medical College and attached Hospital, Jaipur, according to which the normal chest (deflated) was found to be 85 cms and when inflated it was 90 cms.
In the facts and circumstances of the case, we concur with the view taken by the learned Single Judge that the respondent- writ petitioner was illegally deprived of appointment and that the writ petition deserves to be succeed as rightly been done by him.
The appeal is therefore dismissed.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J Rs/55 (Downloaded on 08/07/2019 at 10:47:37 PM) Powered by TCPDF (www.tcpdf.org)