HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 1095/2019
In
S. B. Civil Writ Petition No. 21369/2018
1. The State Of Rajasthan, Through Its Home Secretary,
Secretariat, Rajasthan, Jaipur.
2. The Director General Of Police, Police Headquarter,
Rajasthan, Jaipur.
3. The Secretary, Department Of Personnel, Government
Secretariat, Jaipur.
----Appellants
Versus
Aarif S/o Ummar, Aged About 21 Years, R/o Village Dundawal
Tehsil Nagar, District Bharatpur
----Respondent
For Appellant(s) : Mr. Rajesh Maharishi, AAG For Respondent(s) : Mr. Banwari Lal Sharma, Adv. with Mr. Namo Narayana Sharma, Adv.
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN Order 04/07/2022
1. Present special appeal writ has been filed against the order dated 30.10.2018 in SBCWP No. 21369/2018, whereby the Hon'ble Single Judge has allowed the writ petition with a direction to give appointment to the non-appellant/respondent on the post of Constable as per his merit and category with all consequential benefits on notional basis.
2. At the outset, learned Additional Advocate General has submitted that in compliance of order passed by the learned (Downloaded on 24/07/2022 at 11:40:43 PM) (2 of 3) [SAW-1095/2019] Single Bench on 08.10.2018, medical Board was constituted by the SMS Medical Hospital, Jaipur and physical examination of the petitioner was conducted on 12.10.2018, wherein expert opinion/Medical Board opinion was given and was taken on record. The non-appellant/respondent had applied for the post of Constable in pursuance to the advertisement dated 20.05.2018 and was successful in written examination thereafter non- appellant/respondent appeared in physical efficiency test (PET) held on 05.09.2018. The appellants denied appointment to the non-appellant/respondent on the ground that his chest measurements were not as per eligible standard. As per Medical Board's Report dated 12.10.2018 carried out within a period of one month, it was found that the chest measurements of the non- appellant/respondent in normal state and also in the expansion state were of requisite standard. In the light of the same, the writ petition was allowed.
3. The same is under challenge.
4. Though the learned State counsel vehemently argued the appeal but he was not able to refute the array of the Coordinate Bench judgments on the similar issue cited by the non- appellant wherein reliance was placed upon Hon'ble Apex Court judgment in SLP No. 9291/2022, titled as State of Raj. & Ors. Vs. Rajesh Gurjar, wherein similar type of controversy was decided in favour of the petitioner/constable and against the State. Facts of the case being identical to the same, the non- appellant counsel has submitted that the appeal should be rejected.
5. Non-appellant counsel has also relied upon the Coordinate Bench judgments of this court dated 04.04.2022 and (Downloaded on 24/07/2022 at 11:40:43 PM) (3 of 3) [SAW-1095/2019] 05.04.2022 in DBSAW No. 926/2021 and 751/2021, wherein in similar facts, the State appeal was rejected.
6. In the light of the above facts and relying upon the judgments of the Coordinate Bench of this Court and Apex Court judgment in Rajesh Gurjar (supra), we are not inclined to interfere with the order dated 30.10.2018 decided by by Single Judge in SBCWP No. 21369/2018.
7. As a result, the appeal is dismissed.
8. All pending applications also stand disposed of.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
Pooja /38
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