Rajasthan High Court - Jaipur
Pawan Kumar Meena S/O Ramchander Meena vs The State Of Rajasthan on 20 September, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 27583/2018
1. Pawan Kumar Meena S/o Ramchander Meena, Aged About
21 Years, R/o Village Karwas, Post Jaisinghpura, Tehsil
Kotputli, District Jaipur, Rajasthan.
2. Omveer Meena S/o Lal Chand Meena, Aged About 23
Years, R/o Village Karwas, Post Jaisinghpura, Tehsil
Kotputli, District Jaipur, Rajasthan.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Secretary,
Department Of Home, Government Secretariat,
Rajasthan, Jaipur.
2. The Director General Of Police, Police Headquarter, Jaipur.
3. The Inspector General Of Police (Recruitment), Rajasthan,
Jaipur.
4. The Commissioner, Police Commissionarate, Jaipur
----Respondents
For Petitioner(s) : Mr. Banwari Lal Sharma, Adv.
Mr. Namo Narayan Sharma, Adv.
For Respondent(s) : Mr. Rajesh Maharshi, AAG assisted by Ms. Kinjal Surana, Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH Order 20/09/2022
1. Instant writ petition has been filed by the petitioners with the following prayers:-
"It is therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition and further be pleased to:
(i) Issue an appropriate writ order or direction in the nature thereof thereby direct the respondent to give appointment to the petitioners on the post of Constable (GD) with all consequential benefits, because the petitioners possesses the requisite chest as per advertisement.
(ii) Issue an appropriate writ order or direction in the nature thereof thereby, the (Downloaded on 25/12/2022 at 09:05:09 AM) (2 of 5) [CW-27583/2018] action of the respondents declared illegal by which they have oust the petitioners from the selection process for the post of Constable General.
(iii) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents be directed the measurement of chest of petitioners may kindly be made properly through qualified doctors at SMS Hospital at Jaipur or AIMS Hospital at Jodhpur.
(iv) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be directed to call the petitioners for Medical Examination for the post of Constable (GD), because the petitioners possesses the requisite and prescribed chest.
(v) Issue an appropriate writ order or direction in the nature thereof thereby, the action of the respondents may kindly be declared illegal by which they have wrongly measured the chest of the petitioners.
(vi) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioners.
(vii) Cost of the writ petition be also awarded in favour of the petitioners."
2. Brief facts of the case are that the petitioners participated in the selection process for appointment on the post of Constable (GD) in pursuance to the advertisement dated 25.05.2018 and were called for physical efficiency test and the petitioners were not appointed by the respondents on the ground that they failed to meet the requirement under the Rules for chest i.e. 5 cm on expansion. Being aggrieved by non-selection of their candidature on the post of Constable (GD), the petitioners have filed the present writ petition.
3. This Court on 29.04.2019, passed the following order:-
"Having heard the counsel for the petitioners and the respondents, I am of the considered view that in the facts of the case and issue agitated in this petition, it will be appropriate to direct the Superintendent, SMS Medical College and Hospital, Jaipur to (Downloaded on 25/12/2022 at 09:05:09 AM) (3 of 5) [CW-27583/2018] constitute a three member medical board on or before 5.05.2019. The said Medical Board shall then physically examine the petitioners on his chest (inflated and deflated) parameters on 9.5.2019.
The petitioners should report to the Superintendent, SMS Medical College and Hospital, Jaipur on 9.05.2019 at 10:30 AM for their physical examination by the Medical Board as directed above--alongwith a copy of this order.
Put up on 15.5.2019.
A copy of this order be furnished to Mr.Harshal Tholia for Dr.V.B. Sharma, AAG for onward transmission to the Superintendent, SMS Medical College and Hospital, Jaipur for constitution of the Medical Board as directed and physical examination of the petitioners.
The report of the Medical Board, constituted hereinabove as, obtaining after the petitioners' physical examination be furnished to this Court on or before 15.05.2019."
4. Counsel for the petitioners submits that the respondents have wrongly rejected the candidature of the petitioners on the ground of their chest expansion being less than 5 cm. Counsel further submits that in compliance of the order passed by this Court dated 29.04.2019, the petitioners again appeared before the Medical Board and the Medical Board submitted its report dated 09.05.2019 to this Court with the opinion as under:-
"Opinion of medical board:-
Petitioner No.1 On Inflated Condition - 90 CM On Deflated Expansion -87 CM Petitioner No.2 On Inflated Condition - 87 CM On Deflated Expansion -83 CM
5. Counsel appearing for the respondents submitted that in physical efficiency test conducted by the respondents, the chest measurement of the petitioners on expansion is less than the (Downloaded on 25/12/2022 at 09:05:09 AM) (4 of 5) [CW-27583/2018] required expansion of 5 cm. Counsel further submits that under the directions of this court dated 29.04.2019, the chest of the petitioners was re-measured by the Superintendent, SMS Medical College & Hospital, Jaipur and according to the report of the Medical Board, the chest of the petitioner No. 1 is 'Normal 87 cm & Expanded 90 cm' and of the petitioner No.2 it is 'Normal 83 cm & Expanded 87 cm, but both the petitioners failed to qualify the criterion of 5 cm on chest expansion, therefore, the petitioners are not eligible for appointment on the post of Constable (GD) and prayed for dismissal of the writ petition.
6. Heard counsel for the parties and perused the record.
7. This writ petition filed by the petitioners deserves to be dismissed, for the reasons; firstly, in pursuance to the order passed by this Court dated 29.04.2019, the Medical Board of Superintendent, SMS Medical College & Hospital, Jaipur remeasured chest of the petitioners and as per the Medical Board's opinion dated 09.05.2019 the chest measurement of the petitioner No.1 comes to 'Normal 87 cm & Expanded 90 cm' and of the petitioner No.2 it is 'Normal 83 cm & Expanded 87, however, both the petitioners do not meet the requirement under the rule of 5 cm on expansion; secondly, in my considered view, opinion of the Medical Board is an independent opinion, therefore, petitioners are not entitled for appointment on the post of Constable (GD), lastly, the petitioners have availed relaxation in the chest measurement as per the Rule 14(2)(iii) of the Rules, 1989 and have been placed below the candidates of ST category who have not availed relaxation in physical efficiency test and since, sufficient numbers of candidates became (Downloaded on 25/12/2022 at 09:05:09 AM) (5 of 5) [CW-27583/2018] available in the category of the petitioners, therefore, in my considered view, no illegality has been committed by the respondents in not selecting the petitioners.
8. In that view of the matter, the writ petition filed by the petitioners is dismissed.
9. All the pending applications stand disposed of.
(INDERJEET SINGH),J JYOTI /341 (Downloaded on 25/12/2022 at 09:05:10 AM) Powered by TCPDF (www.tcpdf.org)