Rajasthan High Court - Jaipur
State Of Rajasthan vs Bharat Yadav S/O Rajkumar Yadav on 9 November, 2022
Bench: Pankaj Mithal, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1129/2022
1. State Of Rajasthan, Through Principal Secretary,
Department Of Home, Secretariat, Jaipur.
2. The Director General Of Police, Police Head Quarters,
Near Nehru Place, Tonk Road, Jaipur.
----Appellants
Versus
1. Bharat Yadav S/o Rajkumar Yadav, Aged About 24 Years,
R/o Quarter No. 244, Rpa Jaipur, District Jaipur, Rajasthan
2. Rajasthan Public Service Commission, Through Its
Secretary, Ajmer.
----Respondents
For Appellant(s) : Mr. Rajesh Maharshi, AAG with
Ms. Shretima Bagri
For Respondent No.1 : Mr. Ram Pratap Saini
For Respondent No.2 : Mr. M.F. Baig
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
09/11/2022
1. Heard Mr. Rajesh Maharshi, learned Additional Advocate
General with Ms. Shretima Bagri appearing for the appellant and
Mr. Ram Pratap Saini & Mr. M.F. Baig, learned counsel appearing
for respondent No.1 and respondent No.2 respectively.
2. In the writ petition, the matter pertains to the issuance of
direction to the respondents to conduct physical efficiency test of
the petitioner-respondent No.1. The writ petition has been allowed
by the Writ Court vide impugned judgment and order dated
25.05.2022. Accordingly, the present appeal has been preferred.
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3. On the last occasion i.e. 01.11.2022, Mr. Ram Pratap Saini
and Mr. M.F. Baig, learned counsel appearing for the respondents
were directed to seek instructions and to file response, if necessary. They have not obtained any instructions and have not filed any response so far.
4. Learned counsel for the appellant-State submits that the controversy regarding physical efficiency test of the respondent No.1 is covered by the decision of the Division Bench of this Court dated 30.01.2020 passed in D.B. Special Appeal Writ No.1310/2019, Dropadi Jyani Vs. State of Rajasthan & Ors. In the said case, the petitioner had filed a writ petition seeking direction upon the State-respondents to conduct physical efficiency test of the petitioner for the post of Sub-Inspector/Platoon Commander on her recovery from the injury. The writ petition was dismissed on the basis of the decision of the Co-ordinate Bench rendered in S.B. Civil Writ Petition No.14086/2018, Sunil Kumar Jani Vs. State of Rajasthan & Ors., decided on 18.09.2018, against which the special appeal was dismissed on 14.11.2018.
5. In view of the aforesaid decision of the learned Single Judge in the case of Sunil Kumar Jani (supra), which was upheld by the Division Bench, the decision of the learned Single Judge allowing the writ petition filed by the petitioner-respondent No.1 cannot be accepted.
6. In view of the above, as the controversy regarding conduction of physical efficiency test of the respondent No.1 for the post of Sub-Inspector/Platoon Commander is covered by the above decision in Sunil Kumar Jani's case (supra), which has been affirmed by the Division Bench and followed by another (Downloaded on 14/11/2022 at 09:20:21 PM) (3 of 3) [SAW-1129/2022] Division Bench in Dropadi Jyani's case (supra), we are of the opinion that this appeal deserves to be allowed and the judgment and order of the learned Single Judge directing for conducting physical efficiency test of the respondent No.1 deserves to be set aside and the same is hereby set aside.
7. Accordingly, the appeal is allowed.
(ANOOP KUMAR DHAND),J (PANKAJ MITHAL),CJ
KAMLESH KUMAR/RAJAT/3
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