Supreme Court - Daily Orders
The State Of Rajasthan vs Thawara Ram on 11 December, 2019
Bench: R. Banumathi, A.S. Bopanna, Hrishikesh Roy
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) No(s).12884 OF 2019
THE STATE OF RAJASTHAN & ORS. Petitioner(s)
VERSUS
THAWARA RAM Respondent(s)
WITH
SPECIAL LEAVE PETITION (C) No(s).15092 OF 2019
THE STATE OF RAJASTHAN & ORS. Petitioner(s)
VERSUS
GHANSHYAM SINGH Respondent(s)
O R D E R
HRISHIKESH ROY, J.:
(1) We have heard Dr. Manish Singhvi, learned senior counsel appearing for the petitioners-State of Rajasthan. We have also heard Mr. Shreyansh Mardia, learned counsel appearing for the respondents-writ petitioners.
(2) It appears that the respondents-writ petitioners, Thawara Ram and Ghanshyam Singh, were allowed a second chance to complete the five kilometer run within the stipulated time of 25 minutes but even after availing the second chance on 20/22.11.2018, the two respondents could not complete the distance under 25 minutes and therefore they were declared Signature Not Verified Digitally signed by MAHABIR SINGH unsuccessful in the Physical Efficiency Test (PET). Date: 2019.12.17 11:34:19 IST Reason:
(3) Considering the above circumstances, it is clear enough that the respondents are ineligible for recruitment to the 2 posts of police constable in the State of Rajasthan. When the respondents are ineligible for recruitment, the petitioner- State of Rajasthan is not obliged to consider the respondents for appointment and as such the case originally projected does not subsist and no further action is required based on the order impugned. Therefore, nothing survives for adjudication in these two matters.
(4) The special leave petitions are accordingly disposed of as infructuous.
..........................J. (R. BANUMATHI) ..........................J. (A.S. BOPANNA) ..........................J. (HRISHIKESH ROY) NEW DELHI, DECEMBER 11, 2019.
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO(S).20438 OF 2019 THE STATE OF RAJASTHAN & ORS. Petitioner(s) VERSUS POPAT LAL AND ORS. Respondent(s) WITH SPECIAL LEAVE PETITION (CIVIL) NO(S).20439 OF 2019 THE STATE OF RAJASTHAN & ORS. Petitioner(s) VERSUS SUMIT Respondent(s) AND SPECIAL LEAVE PETITION (CIVIL) NO(S).20440 OF 2019 THE STATE OF RAJASTHAN & ORS. Petitioner(s) VERSUS KAMLESH PANWAR AND ANR. Respondent(s) AND SPECIAL LEAVE PETITION (CIVIL) NO(S).17145 OF 2019 THE STATE OF RAJASTHAN & ORS. Petitioner(s) VERSUS ARJUN RAM AND ORS. Respondent(s) O R D E R (1) We have heard Dr. Manish Singhvi, learned senior counsel appearing for the petitioners-State. We have also heard Mr. Gourave Kumar Agarwal along with Mr. Shreyansh Mardia, learned counsel appearing for the respondents. (2) Being aggrieved by the order passed by the Division Bench of the High Court of Judicature of Rajasthan at Jodhpur, in and by which the Division Bench of the High Court has granted opportunity to the respondents to re-appear in Physical Efficiency Test (PET) 4 for the selection to the post of police constable qua the Advertisement issued in the year 2018, the State of Rajasthan has preferred these special leave petitions. (3) Admittedly pursuant to the order of the Division Bench of the High Court, the respondents availed the second chance of Physical Efficiency Test (PET) and all the respondents are stated to have come out successful in that said Test. In SLP(C)No.20438/2019 the respondents no.1-Popat Lal, no.2-Kheta Ram & no.3-Dilip Kumar are hailing from the District Jalore which is about 200 Kms. away from Jodhpur and respondent no.4-Jaypal Pichkiya is hailing from District Nagaur which is about 145 Kms. away from Jodhpur. In SLP(C)No.20439/2019 the sole respondent-Sumit is hailing from District Jhunjhunu which is situated at a distance of 350 Kms. from Jodhpur. In SLP(C)No.20440/2019, the respondents NO.1-Kamlesh Panwar and no.2-Suresh Kumar are hailing from the District Barmer and the District Jalore respectively and the distance of both the districts from Jodhpur is about 200 Kms. In SLP(C)No.17145/2019, the respondents no.1-Arjun Ram is hailing from the District Jalore which is, as noted above, about 200 kms. away from the Jodhpur and respondents no.2 and 3 are proforma respondents. (4) In the above special leave petitions, the factual matrix indicate because of the long and logistical distance and the consequential difficulties thereon the respondents could not perform well in the Physical Efficiency Test (PET) at short notice and fatigue due to overnight travel and that is why the High court provided them a second chance to appear in the five kilometer distance run which the candidates are expected to complete within 5 25 minutes. It appears that the candidates have managed to complete the distance of five kilometer under 25 minutes in the second opportunity.
(5) Considering the above facts and circumstances, we are not inclined to interfere with the impugned orders in exercise of our jurisdiction under Article 136 of the Constitution of India in the above four special leave petitions preferred by the State of Rajasthan qua the above respondents.
(6) The special leave petitions are accordingly dismissed. (7) At this stage, Dr. Manish Singhvi, learned senior counsel appearing for the petitioner-State, has submitted that after the order was passed by the High Court on 06.10.2018, a number of writ petitions have been filed before the High Court and before Jaipur Bench of the High Court 46 matters are pending, which before the High Court of Judicature at Jodhpur 25 matters are pending adjudication before the learned Single Judge. In total, 71 writ petitions are stated to be pending adjudication before the Single Judge. It was also submitted that before the Jaipur Bench of the High Court 41 appeals preferred by the State and 3 appeals preferred by the private persons are pending adjudication. It is also stated that before the High Court of Judicature at Jodhpur 14 appeals preferred by the State and 4 appeals by the private persons are pending adjudication.
(8) We clarify that the above four special leave petitions were dismissed considering the facts and circumstances of the case that the respondents herein in these special leave petitions had to travel at a distance of approximately 200 kms. to 350 kms. We make 6 it clear that the dismissal of the above special leave petitions shall not be quoted as a precedent in the pending writ petitions before the learned Single Judge of the High Court and the appeals pending before the Division Bench of the High Court. Learned Single Judge as well as the Division Bench of the High Court shall consider the writ petitions/appeals on their own merits without being influenced by the dismissal of the special leave petitions in the above matters.
(9) We deem it necessary to observe that those who failed to qualify in the Physical Efficiency Test (PET) held on 05.09.2018 and who have not raised any grievance so far by approaching the High Court and if they are waiting at the fence, fresh writ petition on their behalf should not be entertained by the High Court to enable them to agitate the matter with the State since they did not agitate the same at the appropriate time. 11 th December, 2019 shall be deemed to be the cut-off date. Beyond this date, no fresh writ petitions qua the advertisement dated 25.05.2018 (Physical Efficiency Test) on 05.09.2018 shall be entertained by the High Court.
..........................J. (R. BANUMATHI) ..........................J. (A.S. BOPANNA) ..........................J. (HRISHIKESH ROY) NEW DELHI, DECEMBER 11, 2019.
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ITEM NO.4 COURT NO.5 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12884/2019
(Arising out of impugned final judgment and order dated 14-11-2018 in DBCSAW No. 1732/2018 passed by the High Court Of Judicature For Rajasthan At Jodhpur) THE STATE OF RAJASTHAN & ORS. Petitioner(s) VERSUS THAWARA RAM Respondent(s) (IA No. 134691/2019 - EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 20438/2019 (XV) SLP(C) No. 20439/2019 (XV) SLP(C) No. 20440/2019 (XV) SLP(C) No. 15092/2019 (XV) SLP(C) No. 17145/2019 (XV) SLP(C) No. 25492-25495/2019 (XV) SLP(C) No. 25338/2019 (XV) ( IA No.162970/2019-EXEMP.FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.162971/2019-EXEMPTION FROM FILING O.T.) SLP(C) No. 28135/2019 (XV) (FOR ADMISSION and Interim Relief and IA No.172526/2019-CONDONATION OF DELAY IN FILING and IA No.172527/2019-EXEMPTION FROM FILING O.T.) Date : 11-12-2019 These matters were called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Dr. Manish Singhvi,Sr.Adv. (SLP 12884/2019, 20438/2019, Mr. Shailja Nanda Mishra,Adv. 20439/2019, 20440/2019, Mr. Arpit Parkash,Adv.
15092/2019, 17145/2019 & Mr. Sandeep Kumar Jha,AOR 28135/2019) Mr. Milind Kumar, AOR 8 (SLP 25338/2019) Mr. H.D. Thanvi,Adv.
Ms. Preeti Thanvi,Adv.
Mr. Rishi Matoliya, AOR (SLP 25492-25495/2019) Mr. Rishabh Sancheti,Adv.
Ms. Padma Priya,Adv.
Mr. Anchit Bhandari,Adv.
Mr. K. Paari Vendhan, AOR For Respondent(s) Mr. Gourave Kumar Agarwal, AOR Mr. Ripudaman Singh,Adv.
Mr. Shreyansh Mardia,Adv.
Mr. Avi Tandon,Adv.
Mr. Anish Agarwal,Adv.
Ms. Vanshika Gupta,Adv.
Ms. Meghna Tandon,Adv.
Mr. Shaambhavi B. Mardia,Adv.
Ms. Vibhooti Malhotra, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C)No(s).25492-25495/2019 & SLP(C)No(s).25338/2019:
We have heard Mr. H.D. Thanvi, learned counsel appearing for the petitioner-Narendra Kumar in SLP(C)No.25338/2019 and also Mr. Rishabh Sancheti, learned counsel appearing for the petitioner- Rajesh Kumar in SLP(C)No(s).25492-25495/2019.
Issue notice.
Mr. Sandeep Kumar Jha, Advocate, accepts notice on behalf of the respondent-State of Rajasthan. We have heard Dr. Manish Singhvi, learned senior counsel appearing for the respondent-State, who has requested some time for getting the instruction and responding to the special leave petitions.
In view of above, the special leave petitions are detagged and be listed on 06.01.2020.9
SLP(C)No(s).28135/2019:
We have heard Dr. Manish Singhvi, learned senior counsel appearing for the petitioner-State of Rajasthan. The special leave petition is detagged and be Listed on 06.01.2020.
SLP(C)No(s).12884/2019 & SLP(C)No(s).15092/2019 :
In terms of the signed order, the special leave petitions are disposed of as infructuous.
Pending applications, if any, shall also stand disposed of. SLP(C)No.20438/2019, SLP(C)No.20439/2019, SLP(C)No.20440/2019 & SLP(C)No.17145/2019:
In terms of the signed order, the special leave petitions are dismissed.
Pending applications, if any, shall also stand disposed of.
(MAHABIR SINGH) (BEENA JOLLY) COURT MASTER BRANCH OFFICER
(Two signed non-reportable orders, one in SLP(C)No(s).12884/2019 & SLP(C)No.15092/2019 and another in SLP(C)No(s).20438/2019, SLP(C)No.20439/2019, SLP(C)NO.20440/2019 & SLP(C)No.17145/2019 are placed in the file)