HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1923/2019
Vijendra Kumar Meena S/o Pappu Ram Meena, Aged About 23
Years, R/o Village And Post Gudhliya, P.s. Kolwa, Via Kundal,
Tehsil Baswa, District Dausa, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary,
Department Of Home, Government Secretariat,
Rajasthan, Jaipur.
2. The Director General Of Police, Police Headquarter, Jaipur
3. The Inspector General Of Police (Recruitment), Rajasthan,
Jaipur
4. The Superintendent Of Police, Jaisalmer
----Respondents
For Petitioner(s) : Mr. Namo Narayan Sharma For Respondent(s) : Mr. Harshal Tholia for Dr. Vibhuti Bhushan Sharma, AAG HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 01/02/2021 Both the counsels are agreed that the issue involved in the present writ petition stands finally adjudicated by this Court vide its order dated 24.02.2020 which has been affirmed by the Division Bench and the Supreme Court also.
This Court in the case of Sanjay Meena had followed the judgment passed in Brijesh Kumar Meena Vs. The State of Rajasthan and observed that the chest measurement of 10 CM is extremely unlikely. The Medical Officer has conducted the chest measurement of the petitioner and found to be 85 CM and inflate is 90 CM which is affirmed to be in consonance with the requirement under the Rajasthan Police Subordinate Services Rule, 1989. Earlier when the petitioner appeared before the (Downloaded on 03/02/2021 at 10:09:33 PM) (2 of 2) [CW-1923/2019] concerned recruiting physical examination, the chest measurement was mentioned as deflate 77.5 CM and inflate chest measurement 87.7 CM. Thus, earlier chest measurement was found to be extremely unlikely and as there cannot be any inflate of 10 CM. Having found the said measurement has incorrect, this court directed the petitioner's chest measurement to be re- examined by the Medical Board which has now given the result as noticed above.
Keeping in view the judgment passed by this Court in Sanjay Meena Vs. State of Rajasthan & Ors., SBCWP No.27021/2018 decided on 24.02.2020 and the judgment passed by the Division Bench in D.B. Special Appeal (Writ) No.514/2020 State of Rajasthan & Ors. Vs. Sanjay Meena decided on 08.09.2020, this Court is of the view, this writ petition deserves to be allowed and the same is accordingly allowed.
Accordingly, the petitioner would be entitled for consideration of appointment as per his merit. The exercise shall be conducted within a period of one month by the State. If petitioner is found suitable, appointment shall be offered to him. If he is given appointment, his merit shall be notionally fixed. He would be sent for further training and shall be treated from the same batch of selected Constable for all intents and purposes. Actual benefit shall be made available to him from the date of joining and he will also undertake the probation period. It is made clear that if the petitioner has also undergone the physical examination then he will not be asked to again appear for physical examination.
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