Rajasthan High Court - Jaipur
Shahrukh Khan vs State Of Raj And Ors on 27 March, 2019
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.9283/2018
Shahrukh Khan S/o Late Anwar Ali, Aged about 21 years, R/o
Bheechri, Beswa, Sikar, Rajasthan- 332303
----Petitioner
Versus
1. State of Rajasthan through Secretary to the Government,
Department Of Forest, Government Of Rajasthan,
Secretariat, Jaipur, Rajasthan
2. Principal Chief Conservator Of Forest (HoFF), Rajasthan
Forest Department, Government Of Rajasthan, Van
Bhawan, Vaniki Path, Jaipur, Rajasthan
3. Deputy Conservator of Forest, Forest Department,
Government Of Rajasthan, Jhunjhunu, Rajasthan
----Respondents
For Petitioner(s) : Mr.H.V. Nandwana, Mr.P.K. Singh. For Respondent(s) : Mr.R.P. Singh, AAG with Mr.Naved Rafik HON'BLE MR. JUSTICE ALOK SHARMA Order 27/03/2019 The petitioner's father one Anwar Ali working on the post of Cattle Guard with the Rajasthan Forest Department, Jhunjhunu, expired on 5.3.2016. As his dependant--the petitioner sought compassionate appointment on 29.3.2016 under the Rajasthan Compassionate Appointment of Dependents of (Downloaded on 06/06/2021 at 06:07:52 AM) (2 of 7) [CW-9283/2018] Deceased Government Servants Rules, 1996 (hereafter 'the Rules of 1996') on the post of Forester for which he claimed to have the requisite qualification. The petitioner was considered for appointment on his application but rejected in the Physical Standard Test (PST) held on 12.7.2017 on the ground that he did not have the requisite chest circumference of 84 cms when deflated and of 89 cms when inflated. Aggrieved the petitioner filed a representation against his rejection in the PST but that representation was rejected on 30.1.2018 on the ground that no provision of appeal under the Rajasthan Forest Subordinate Service Rules, 2015 (hereafter 'the Rules of 2015') relevant to the appointment sought obtained. Hence this petition.
On the matter coming up before this Court on 20.2.2019, the Court had by an interim order directed the Superintendent, SMS Medical College and Hospital, Jaipur to constitute a three member medical board on or before 1.3.2019 for the petitioner's physical examination on 5.3.2019 on his chest (Downloaded on 06/06/2021 at 06:07:52 AM) (3 of 7) [CW-9283/2018] circumference both deflated and inflated and thereafter convey the medical report to this Court on or before 11.3.2019. The medical report of three member medical board constituted by the Superintendent, SMS Medical College and Hospital, Jaipur prepared on 5.3.2019 has been conveyed to this Court. Therein it has been stated that the petitioner has a chest circumference of 84 cms when deflated and of 90 cms when inflated.
Reply to the petition has been filed. The sums and substance of the defence to the petitioner that there is no reason to doubt the integrity of the petitioner's PST held on 12.7.2017 by the competent authority under the Rules of 2015 where it was found that his chest circumference when deflated was of 80 cms and of 86 cms when inflated--rendering him unfit for appointment on the post of Forester. It has been submitted that the petitioner on his own averments in this petition does not exclude the possibility of his being unfit on the date the PST was held on account of the fact that it was held during Roja (Ramzan) period, (Downloaded on 06/06/2021 at 06:07:52 AM) (4 of 7) [CW-9283/2018] when he was fasting and possibly physically debilitated therefrom. It has been submitted that in the event this Court were to interfere on the mere askance with the result of the petitioner's PST where no allegation of malafides have been made, it would open a pandora's box denuding the integrity of the competent authority and the credibility of its selection process on mere suspicion of carelessness or worse. It has been further submitted that in any event the physical examination of the petitioner by the medical board constituted under the direction of this Court in the month of March, 2019 was after a period of over one and a half year since the petitioner was examined by the respondents during the PST. And the gap gives enough room to the petitioner to have overcome his physical disability at the relevant time when the PST was held.
Heard. Considered.
The issue agitated in this petition is with regard to the compassionate appointment under the Rules of 1996 juxtaposed (Downloaded on 06/06/2021 at 06:07:52 AM) (5 of 7) [CW-9283/2018] to the Rules of 2015. The petitioner on his application for appointment as Forester under the Rules of 2015 was indeed examined for his chest parameters on 12.7.2017 and at the relevant time found not to have the requisite physical parameters on chest requirement. The petitioner's appealed against his rejection at the PST but the said appeal was out of hand dismissed on the ground of no such appellate proceeding were contemplated under the Rules of 2015. Indeed no allegation of malafides against the committee which examined the petitioner on his physical parameters has been made. However malafides cannot be only ground for laying a challenge to the rejection in a Physical Standard Test (PST) at recruitment for the post of Forester under the Rules of 2015. Human error cannot be altogether discounted.
In this view of the matter, ordinarily it would be appropriate and desirable for an appeal provision against rejection of a candidate seeking appointment under the Rules of 2015 on account of not fulfilling requisite physical parameters. No such (Downloaded on 06/06/2021 at 06:07:52 AM) (6 of 7) [CW-9283/2018] provision however obtains. In this view of the matter rejection on the ground of a candidate not fulfilling requisite physical parameters leaves a rankling sense of injustice in the minds of the concerned candidate. This was the reason for which the Court was persuaded to earlier direct by an interim order that the petitioner's PST be conducted afresh, by the Medical Board constituted by the Superintendent, SMS Medical College and Hospital, Jaipur. It has been so done and the medical report dated 5.3.2019 now states that the petitioner has chest parameters of 84 cms when deflated and of 90 cms when inflated. That unquestionably satisfies the requirements under the Rules of 2015 for appointment as Forester.
In this view of the matter, I would be inclined to exercise the extraordinary jurisdiction of this Court in the facts of the case at hand and direct that the process for petitioner's consideration for appointment under the Rules of 1996 be proceeded with from the stage, treating the petitioner having (Downloaded on 06/06/2021 at 06:07:52 AM) (7 of 7) [CW-9283/2018] passed the PST with the requisite chest parameters both deflated and inflated as warranted under the Rules of 2015. This entire exercise for consideration of the petitioner's appointment be now completed within four weeks from today.
Consequence to follow and the petitioner be appointed as Forester under the Rules of 1996 in the event he fulfills all other criterion for the post as set out under the Rules of 2015.
The petition stands accordingly allowed.
(ALOK SHARMA), J Himanshu/4 (Downloaded on 06/06/2021 at 06:07:52 AM) Powered by TCPDF (www.tcpdf.org)