Rajasthan High Court - Jodhpur
Laxman Kumar vs State & Ors on 6 December, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8603 / 2015
Laxman Kumar S/o Shri Keeka Ram, Aged about 28 years, R/o
Village & Post Duthariya, Tehsil Rani, District Pali.
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Home Department
Government of Rajasthan, Jaipur.
2. The Director, General of Police, Rajasthan, Jaipur.
3. The Superintendent of Police, Pali, District Pali, Rajasthan.
----Respondent
_____________________________________________________
For Petitioner(s) :Mr. Khet Singh
For Respondent(s) :Mr. Anil Bissa
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 06/12/2017
1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India with the following prayers:
"1. The record of the selection process may kindly be called for.
2. The respondents may kindly be directed to include the name of the petitioner in the select list and accordingly issue an appointment to the petitioner.
3. The respondents may kindly be directed to grant appointment on the post of constable general duty in the category of SC (Male) above the person having lesser marks than the petitioner with all consequential benefits.
4. Any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed in favour of the petitioner.
5. Costs of the petition may be awarded to the petitioner."
(2 of 4) [CW-8603/2015]
2. Learned counsel for the petitioner states that the petitioner belongs to SC Category and participated in the recruitment process arising out of advertisement dated 14.07.2013. The petitioner while participating in the selection process reached upto level of Physical Efficiency Test and has been ousted as he was having only height of 167.05 cm whereas, as per the advertisement he should have height 168 cm.
3. Learned counsel for the petitioner has however stated that vide Annexure-17 reproduced by him dated 28.02.2017, the respondents had taken his height and had recorded it as 168.6 cm.
4. Learned counsel for the respondent has however submitted that in case, the petitioner's height was wrongly recorded, the petitioner had an opportunity to make an appeal as per para No. 11 standing order No.4 of 2013 dated 26.09.2013, in which one chance of appeal is provided to every candidate who failed in Physical Test by selection Board.
5. Learned counsel for the petitioner has however refuted the ground of appeal on the ground that he was never communicated that his rejection was on account of his height being found 167.05 cm. It is not the case of the respondent in the reply that they had communicated the ouster of the petitioner on account of his having less height.
6. However, learned counsel for the respondent has stated that such communication was not necessary as the transparent conduct of Physical Test entitled all candidates to see their results (3 of 4) [CW-8603/2015] on the electronic board at the time of Physical Test.
7. After hearing counsel for the parties and perusing the record of the case, this Court is of the opinion that if the respondents themselves in the previous selection process had measured the height of the petitioner as 168.6 cm then they ought to have re-considered the case of the petitioner before ousting him on having been found the height of 167.05 cm. The height is not a changing phenomena as per biological and scientific conditions. Thus, the respondent could have re- measured the height and given the petitioner a chance accordingly, if found suitable. Since the petitioner is protected by interim order passed by this Court on 13.08.2015 whereby one post of Constable GD for SC category was to be kept vacant if not filled until then the petitioner becomes entitled to be re- considered for the purpose of height measurement.
8. In light of the aforesaid observation, the writ petition is disposed of with the following direction :-
1. The petitioner shall deposit a sum of Rs.15,000/- with the District of Superintendent of Police, Pali. The District Superintendent of Police Pali shall arrange for the petitioner's fresh medical examination through a duly constituted medical board. The expenses, if any, of constituting a medical board shall be borne by the petitioner. The police authorities shall be entitled to keep one of its officers present during the petitioner's examination by the medical board.
2. In case after examination by the Medical Board, the petitioner is found meeting the physical standards as per Rule 14(2) of the Rajasthan Police Subordinate Service Rules of 1989, he shall be subjected to the remaining steps of recruitment in terms of the advertisement. In this event, the (4 of 4) [CW-8603/2015] cost of forming the medical board as well as the security amount deposited by the petitioner shall be reimbursed to him forthwith. Upon succeeding in all the steps of the recruitment process, he shall be entitled to appointment as a Constable in the Rajasthan Police Constable Recruitment Process - 2013.
3. In case the petitioner fails to meet the requisite physical standards upon examination by the medical board as directed above, the security amount of Rs.15,000/- shall stand forfeited, and shall be deposited in the Rajasthan State Police Welfare Fund.
9. The aforesaid exercise shall be completed within a period of two months from today.
(DR. PUSHPENDRA SINGH BHATI)J. sudheer