Rajasthan High Court - Jaipur
Bharat Kumar Verma vs State (Home Department)Ors on 13 April, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 8958 / 2015
Bharat Kumar Verma
----Petitioner
Versus
State (Home Department)Ors
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. S.K. Singodiya For Respondent(s) : Dr. A.S. Khangarot, AGC _____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Judgment 13/04/2017 This Court on 3.3.2017, had passed the following order:-
The learned counsel for the petitioner has submitted that the petitioner on merit succeeded in the process of recruitment but has been denied appointment on the ground that he is not having requisite chest measurement to be eligible under the physical fitness test. The learned counsel for the petitioner contends that the respondents have measured chest of the petitioner as 80.9 cm whereas, prescribed chest measurement is 81 cm. The learned counsel for the petitioner has contended that to favour next candidate petitioner has been wrongly ousted from the process of selection by not accurately measuring chest of the petitioner.
Dr. A.S. Khangarot, the learned Addl. Government Counsel to counter arguments raised by the learned counsel for the petitioner has submitted that let the petitioner appear before Board of doctors at SMS Medical College, Jaipur so that the exact (2 of 2) [CW-8958/2015] chest measurement of the petitioner is known.
After hearing the learned counsel for the parties, Medical Superintendent, SMS Hospital is directed to constitute a Board of three doctors to measure chest of the petitioner as per the requirement of the respondents. The petitioner shall appear before the Medical Board, SMS Hospital, Jaipur on 7.4.2017 at 10:00 AM.
The report of the Medical Board shall be produced in this Court in the sealed cover.
A copy of this order under the seal and signature of the Court Master be handed over to Dr. A.S. Khangarot, AGC for onward transmission to facilitate measurement of chest of the petitioner.
To await report from the Medical Superintendent, list this case on 13.4.2017."
In pursuance thereof, the report of Medical Board, SMS Hospital, Jaipur has been received in a sealed cover. As per the report of Medical Board, inflated chest of the petitioner has been found to be 85 cm. The prescribed standard is 86 cms. The petitioner has failed to meet the physical standards laid by the respondents. Hence, there is no merit in the present petition and same is dismissed.
(KANWALJIT SINGH AHLUWALIA)J. Mak/-