Rajasthan High Court - Jaipur
Bhag Chand Kansotiya vs State (Local Self Dept) Ors on 22 November, 2016
[1] S.B. CIVIL WRIT PET. 14976/2016
BHAG CHAND KANSOTIYA VS. THE STATE OF RAJASTHAN & ORS.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
ORDER
S.B. CIVIL WRIT PETITION NO.14976/2016
Bhag Chand Kansotiya S/o Banshidhar Kansotiya, aged about 33
years, R/o 29, Raigar Mohalla, Boyatawala, Post Benar, Via
Jhotwara, District Jaipur, Rajasthan.
....Petitioner
Versus
1. The State of Rajasthan through Principal Secretary, Local Self
Department, Government of Rajasthan, Government
Secretariat, Jaipur.
2. The Director, Local Bodies, Office of Director, Local bodies, G-
3, Rajmahal Residency Area, Near Civil Lines Phatak, Jaipur.
3. The Secretary, Rajasthan Municipalities (Administrative and
Technical) and (Subordinate and Ministerial) Service Selection
Commission, G-3, Rajmahal Residency Area, Near Civil Lines
Phatak, Jaipur.
.....Respondents
DATE:22.11.2016
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. Ram Pratap Saini, for the petitioner.
Mr. Manu Bhargava, Govt. Counsel, for the respondents.
***** Mr. Manu Bhargava, learned Government Counsel has produced a copy of the reply, the same is taken on record.
Present petition has been filed under Article 226 of the Constitution of India praying that petitioner be appointed to the post of Assistant Fire Officer, as petitioner being meritorious has been ignored by the respondents with malafide reasons and chosen few have been given appointment even though they had obtained less marks in the merit list.
This Court on 16.11.2016 had passed the following order:-
[2] S.B. CIVIL WRIT PET. 14976/2016 BHAG CHAND KANSOTIYA VS. THE STATE OF RAJASTHAN & ORS.
"Issue notice to the respondents for 18.11.2016. On the asking of the court, Mr. Manu Bhargava, Government Counsel has accepted notice for the respondents. A copy of the petition has been served upon him.
Mr. Manu Bhargava is directed to file a short reply of the concerned respondent to meet the argument raised by the learned counsel for the petitioner that the petitioner being meritorious has been ignored and person less in merit has been selected.
List this case on 18.11.2016. Meanwhile, in the category of the petitioner, any person who has secured less marks than the petitioner shall not be given appointment.
Shri Manu Bhargava, learned Govt. Counsel has very fairly conceded that petitioner indeed has obtained more marks in the merit list prepared than the candidates who have been given appointment. Shri Manu Bhargava has submitted that appointment was not given to the petitioner on the ground that in the physical examination he was not having requisite height of 165 cms. According to Shri Manu Bhargava, petitioner is having height of 162 cms.
Shri R.P. Saini, Counsel appearing for the petitioner has contended that purposely and intentionally the height of the petitioner was measured incorrectly to oust him from the selection zone.
After hearing Counsel for the parties, present petition is disposed of by issuing following directions:-
(a) That petitioner shall appear before the Medical Superintendent, SMS Medical College and Hospital, Jaipur on 07.12.2016 at 10.00 A.M. [3] S.B. CIVIL WRIT PET. 14976/2016 BHAG CHAND KANSOTIYA VS. THE STATE OF RAJASTHAN & ORS.
(b) The Medical Superintendent, SMS Medical College and Hospital shall constitute a Medical Board of three doctors.
(c) The said Medical Board shall measure the height of the petitioner and the measurement taken by the Medical Board shall be sent to respondent No.3 in a sealed cover.
(d) In case the Medical Board comes to a conclusion that petitioner is having prescribed height, appointment letter shall be issued in favour of the petitioner. If the petitioner fail to fulfill the requirement of height, needless to say no appointment letter shall be issued in his favour.
(e) Copy of the order be handed over to Dr. A.S. Khangarot under the signature and seal of Court Master to facilitate physical examination of the petitioner at SMS Medical College and Hospital at Jaipur.
(KANWALJIT SINGH AHLUWALIA),J.
/KKC/ (s-149)