Rajasthan High Court - Jaipur
State Of Raj And Anr vs Kamal Gujar And Anr on 9 November, 2017
Author: Ajay Rastogi
Bench: Ajay Rastogi
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
(1) D.B. Special Appeal Writ No. 1321 / 2017
1. The State of Rajasthan Through the Principal Secretary,
Department of Local Self Government, Government Secretariat,
Jaipur.
2. The Deputy Secretary, Department of Local Self Government,
Swayat Sashan Bhawan, Near Civil Line Phatak, Jaipur.
----Appellants
Versus
1. Kamal Gujar Son of Shri Babu Lal Gujar, by Caste Gujar, Aged
About 23 Years, Resident of Jhalra Ka Bas, District Dausa.
2. Secretary, Rajasthan Nagar Palika (Administrative & Technical &
(Subordinate & Ministerial Services) Selection Board, Near Civil
Line, Jaipur.
----Respondents
(2) D.B. Special Appeal Writ No. 1332 / 2017
1. State of Rajasthan Through the Secretary, Local Self Government, Government Secretariat, Jaipur (Rajasthan).
2. State of Rajasthan Through the Secretary / Director, the Director Local Bodies, G-3, Rajmahal, Near Civil Lines Phatak, Jaipur.
----Appellants Versus
1. Surgyan Meena Son of Shri Rajaram Meena, Aged About 31 Years, Resident of Village Sirohi, Post Jhopra, Chouth Ka Barwada, District Sawai Madhopur (Rajasthan)
2. State of Rajasthan Through the Secretary, Rajasthan Municipalities (Administration and Technical) Service Selection Commission, G-3, Rajmahal, Near Civil Lines Phatak, Jaipur
----Respondents (3) D.B. Special Appeal Writ No. 1333 / 2017
1. State of Rajasthan Through Principal Secretary, Local Self Department, Government of Rajasthan, Government Secretariat, Jaipur.
2. Director, Local Bodies, Office of Director, Local Bodies, Everest Colony, Near Civil Line Phatak, Jaipur
----Appellants (2 of 6) [SAW-1321/2017] Versus
1. Satya Narayan Son of Shri Mohan Lal, by Caste Banjara (S.B.C./OBC), Aged About 39 Years, Resident of C/S 161, Shivji Nagar Pali At Present Residing At K.C. Gatecha, 202 Royal Enclave Opposite to Birla Auditorium Statue Circle, Jaipur
2. State Level Municipalities (Subordinate and Ministerial Services) Commission (Rajyastariya Nagarpalika (Administrative Evem Mantralayik Seva Aayog) Through Its Secretary, State Level Municipalities (Subordinate and Ministerial Services) Commission, Local Self Department Building, Everest Colony, Near Civil Line Phatak, Jaipur
----Respondents (4) D.B. Special Appeal Writ No. 1340 / 2017
1. The State of Rajasthan Through Principal Secretary, Department of Local Self Government, Secretariat, Jaipur.
2. The Director, Directorate of Local Bodies, Near 22 Godam Pulia, Jaipur
----Appellants Versus
1. Pradeep Kumar Suthar S/o Shri Bhanwarlal Suthar, Aged About 28 Years, R/o Village & Post Thana Via Chhani, Tehsil Kherwara, Distt. Udaipur (Raj.)
2. Mukesh Kumar Suthar S/o Shri Ramesh Chandra Suthar, Aged About 31 Years, R/o Village & Post Thana Via Chhani, Tehsil Kherwara, Distt. Udaipur (Raj.)
3. The Secretary, Rajasthan Municipal (Administration and Technical) and (Subordinate and Ministerial) Service Selection Board, G-3, Rajmahal Residency, Near Civil Lines Phatak, Jaipur.
----Respondents (5) D.B. Special Appeal Writ No. 1341 / 2017
1. The State of Rajasthan Through the Secretary to Government of Rajasthan for the Department of Local Self Body, Govt. Secretariat, Jaipur, Rajasthan
2. Director, Local Self Body Department, Directorate of Local Self Body, Jaipur
----Appellants Versus
1. Karan Kumar S/o Sh Kanhaiya Lal, Aged About 35 Years, R/o Near Chambal Rest House, Bajrang Basti, Kishorpura Kota (Raj.) PIN 324009 (3 of 6) [SAW-1321/2017]
2. Secretary, Rajasthan Municipal Councils (Administrative & Technical) & (Subordinate and Departmental) Service Selection Commission, G-3, Rajmahal Residency, Near Civil Line Crossing, Jaipur.
----Respondents (6) D.B. Special Appeal Writ No. 1350 / 2017
1. State of Rajasthan Through Its Principal Secretary, Local Self Department, Government of Rajasthan, Government Secretariat, Jaipur.
2. Director, Local Bodies, Office of Director, Local Bodies, G-3, Rajmahal Residency, Near Civil Line Phatak, Jaipur.
----Appellants Versus
1. Sharwan Kumar S/o Shri Ratna Ram, Aged About 32 Years, R/o 194/28, Pratap Nagar, Sector 19, Sanganer, Jaipur (Raj.)
2. Rajasthan Municipalities (Administrative & Technical) and (Subordinate and Ministerial) Services Selection Commission Through Its Secretary, G-3, Rajmahal Residency, Near Civil Line Phatak, Jaipur.
----Respondents (7) D.B. Special Appeal Writ No. 1351 / 2017 The Director, Local Self Government, Rajasthan, Directorate Local Bodies, Near Civil Line Phatak, Jaipur.
----Appellant Versus
1. Tarachand Mali S/o Shri Nagar Mal Mali, Aged About 25 Years, Resident of Village Post Rulyana Mali, V.I.A. Fajalwa, Tehsil Laxmangarh, District Sikar (Raj.)
2. Rajasthan Municipal (Administrative & Technical) and (Subordinate & Ministerial Service Selection Board Through Its Secretary, G-3, Rajmahal Residency, Near Civil Line Phatak, Jaipur.
----Respondents _____________________________________________________ For Appellant(s) : Mr. J.M. Saxena, AAG, Ms. Charu Jain, Adv. For Respondent(s) : Mr. Sandeep Singh Shekhawat, Adv. _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE DEEPAK MAHESHWARI (4 of 6) [SAW-1321/2017] Order 09/11/2017 The present batch of special appeals have been filed at the instance of the State of Rajasthan assailing the order of the ld.
Single Judge dt.18.04.2017. In the batch of appeals there are delay in filing of the same & in support thereof applications have been filed seeking condonation of delay.
We have heard the counsel for the appellants & also the caveator. Delay has been satisfactorily explained & deserves to be condoned.
The applications are allowed accordingly.
The grievance of the writ petitioners who had participated in the process initiated by the appellants holding selection for the post of Fireman pursuant to the advertisement dt.13.12.2015 for various municipalities. After going through the mode of selection subject to further verification they qualified in the process and at the stage of their physical efficiency test which has to be examined by the Board to be Constituted in terms of the Local Self Department notification dt.16.05.2011, they were declared to be medically unfit.
In consequence thereof they were eliminated from their final selection and appointments pursuant thereto. Each of them approached this Court by filing of the writ petition and there were allegations and counter allegations about the manner in which the physical efficiency test was conducted and at the same time there was a complaint that the bungling in the process has taken place.
(5 of 6) [SAW-1321/2017] The ld. Single Judge has also referred to about the persons who were arrested by Anti Corruption Bureau and the money recovered from them.
We are not going into the question about the fate of investigation as referred to by the ld. Single Judge in its order impugned. In totality of the matter, the ld. Single Judge was of the view that the physically efficiency test of each of the writ petitioner be re-examined by a Board to be constituted by All India Institute of Medical Sciences Jodhpur and as per the medical report of their physical efficiency test further action may be taken by the recruiting authority obviously if placed in the order of merit and otherwise found to be suitable for appointment.
It is informed to this Court that writ petitioners in compliance of the order of the ld. Single Judge appeared before the Board constituted by All India Institute of Medical Sciences, Jodhpur for their physical efficiency test and the Board has submitted its report to the State Government but the grievance of the State Government for filing of the present batch of appeals is that if the present writ petitioners who are now being found to be physically fit if considered for appointment being placed in the order of merit having limited number of vacancies advertised vide order dt.30.12.2015, few have to be eliminated and order has to be passed for dispensing of their services.
The ld. Single Judge of this Court has looked into a limited question as to whether the decision making process of the recruiting authority in holding the writ petitioners to be physically unfit on being re-examined their physical efficiency test and its (6 of 6) [SAW-1321/2017] consequence thereof.
We are also of the view that no error has been committed in constituting of independent Board to individually examine the candidate who had participated in the selection process made a complaint in reference to his physical fitness in terms of the standards which has been laid down by the Local Self Department vide notification dt.16.05.2011 and those who have found to be medically fit if are in the order of merit certainly have a right to be considered for appointment if otherwise found to be suitable and as regards further consequence as submitted by counsel for the appellants it is for the State Government to look into and taken its further course of action if required in accordance with law.
After we have heard counsel for the parties we find no error which call for our interference.
Consequently, the appeals are without substance & dismissed.
A copy of this order be separately placed in each file.
(DEEPAK MAHESHWARI)J. (AJAY RASTOGI)J. R.Vaishnav 73-78, 4.