Manoj Kumar Sharma S/O Shri Jugal Kishor ... vs State Of Rajasthan on 18 January, 2019

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Rajasthan High Court - Jaipur

Manoj Kumar Sharma S/O Shri Jugal Kishor ... vs State Of Rajasthan on 18 January, 2019

Bench: Alok Sharma

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No.1128/2019

1.     Manoj Kumar Sharma S/o Shri Jugal Kishor Sharma, Aged
       About 23 Years, R/o Gunathoo, Sihot Badi, District Sikar-
       332028 (Rajasthan)
2.     Bharat Kumar Sharma S/o Shri Gajanand Sharma, Aged
       About 28 Years, R/o Khakholi, District Sikar-332041
       (Rajasthan)
                                                          ----Petitioners
                                Versus
1.     State Of Rajasthan, Through Its Principal Secretary To
       The    Government,        Department        Of   Home     Affairs,
       Government Of Rajasthan, Jaipur Raj.
2.     Director     General    Of    Police,   Police   Head    Quarter,
       Rajasthan, Phq Lalkothi, Jaipur.
3.     The Inspector General Of Police, Police Head Quarter,
       Rajasthan, Phq Lalkothi, Jaipur.
4.     The    Superintendent        Of   Police,   District   Kota   City
       Rajasthan.
                                                        ----Respondents

For Petitioner(s) : Mr.Akshat Choudhary. For Respondent(s) : Dr.V.B. Sharma, AAG.

HON'BLE MR. JUSTICE ALOK SHARMA Order 18/01/2019 The case of the petitioners is that they having passed the written examination for appointment to the post of Constable under the Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') held pursuant to the advertisement dated 25.5.2018, were called for the Physical Standard Test (PST) and thereafter required to participate in the Physical Efficiency (2 of 2) [CW-1128/2019] Test (PET) which entailed running of 5 kms within prescribed time. It has been submitted that the petitioners' PET were to be conducted at Kota on 06.09.2018 but due to Bharat Band on the said date it was rescheduled for 09.09.2018, when however for reasons of heavy rains and the resultant muddy track, they were not able to perform up-to-his potential. Similar situations of the PET at Kota of 09.09.2018 came up for consideration before this Court in S.B. Civil Writ Petition No.70/2019, Dharmendra Kumar & Others Versus State of Rajasthan & Others decided on 11.01.2019 to the benefit of petitioners therein. Counsel prays that this petition be similarly disposed of in terms of the judgment dated 11.1.2019 passed in the case of Dharmendra Kumar (supra).

Dr.Vibhuti Bhushan Sharma, AAG appearing with Mr.Harshal Tholia agreed that the issue agitated in this petition is identical to one in S.B. Civil Writ Petition No.70/2019, Dharmendra Kumar (supra) and hence this petition be similarly disposed of in terms of the aforesaid judgment.

In view of the submissions made, this petition stands accordingly disposed of in terms of the judgment dated 11.01.2019 passed in the case of Dharmendra Kumar (supra). The observation/ direction therein shall apply mutatis mutandis to the case of the petitioners.

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Rajasthan High Court - Jaipur