Rajasthan High Court - Jodhpur
Mahipal Garasia vs State Of Rajasthan (2026:Rj-Jd:16126) on 7 April, 2026
Author: Anand Sharma
Bench: Anand Sharma
[2026:RJ-JD:16126]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2453/2026
Mahipal Garasia S/o Shri Viram Lal Garasia, Aged About 23
Years, R/o Vill. Chittrawas P.s. Sayara Tec. Gogunda, District-
Udaipur, Rajasthan- 313704.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Home
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. Director General Of Police, Rajasthan, Police
Headquarters, Lal Kothi, Jaipur.
3. Inspector General Of Police (Recruitment And Promotion
Board), Rajasthan, Police Headquarters, Jaipur.
4. Chairman, Constable Recruitment Board-2025, Office Of
Superintendent Of Police, Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pradeep Singh khichi
For Respondent(s) : Mr. Ritu Raj Singh Bhati
HON'BLE MR. JUSTICE ANAND SHARMA
Order 07/04/2026
1. This writ petition has been filed by the petitioner with the following prayers:-
'A. That, the action of the respondents in excluding the petitioner from the final list of Constable Recruitment-2025 on the erroneous ground of "PST Pass with Relaxation," despite the petitioner having met all prescribed standards without availing any relaxation shall be quashed and set aside. B. That, in view of 2022 result"passed without Relaxation", the height of the petitioner must be considered 168 cm and direct the respondents to include the petitioner's name in the final selection (Uploaded on 10/04/2026 at 12:58:29 PM) (Downloaded on 10/04/2026 at 09:33:55 PM) [2026:RJ-JD:16126] (2 of 5) [CW-2453/2026] list for Constable Recruitment-2025 against the ST(TSP) category seats of Udaipur District, and to treat him as duly qualified in the Physical Standards Test.
C. That, the Hon'ble Court may direct the respondents to issue appointment orders to the petitioner with all consequential benefits, including seniority, continuity of service, and arrears of pay, as if he had been appointed along with other selected candidates.
D. Any other order or direction which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
2. It is stated by learned counsel for the petitioner that petitioner is participating in the recruitment process for the post of Constable initiated vide notification dated 09.04.2025 issued by the Office of Director General of Police, Jaipur, Rajasthan. As per the physicals standards prescribed in the advertisement an incumbent must possess at-least 168 cms of height in addition to possess the requisite educational qualification.
3. As per the scheme of examination, it was to be carried out in two phases, in the first phase, written examination was to be conducted through objective types questions carrying maximum 150 marks and the qualified candidates, as per the guidelines were required to clear physical efficiency test and physical standard test. Those qualifying the PST are further required to compete in physical efficiency test.
4. In the instant case, the petitioner come out with the grievance that although the petitioner qualified in the written examination, yet while conducting physical standard test, the (Uploaded on 10/04/2026 at 12:58:29 PM) (Downloaded on 10/04/2026 at 09:33:55 PM) [2026:RJ-JD:16126] (3 of 5) [CW-2453/2026] candidature of the petitioner was rejected on the ground that height of the petitioner was allegedly 167.06 cms., which was less than the prescribed parameters.
5. When the petitioner approached this court, the Co-ordinate Bench of this Court dated 05.03.2026 directed for re-medical examination of the petitioner qua his height to the Medical Board of AIIMS, Jodhpur. Report of the Medical Board was to be placed before this Court.
6. Today, learned counsel appearing for the respondents submitted the report in a sealed cover and on opening the same, it reflected that the Medical Board, after re-examining the petitioner, has found that height of the petitioner is 168.3 cms, which is admittedly more than the prescribed parameters under the rules as well as advertisement. Learned counsel for the petitioner submits that since the petitioner is possessing the requisite height therefore, rejection of the candidature of the petitioner was on erroneous grounds and hence, the petitioner has been deprived of his legitimate right of participating in the recruitment process and of getting appointment on being successful.
7 Learned counsel for the respondents vehemently opposed the writ petition and submitted that the respondent-department has its own parameters and method of measuring height, and as per the guidelines when height of the petitioner was measured, it was found that the petitioner was possessing less than the prescribed height. Learned counsel further submits that the respondents have concluded the recruitment process and selected candidates has already been given appointment. Therefore, at this (Uploaded on 10/04/2026 at 12:58:29 PM) (Downloaded on 10/04/2026 at 09:33:55 PM) [2026:RJ-JD:16126] (4 of 5) [CW-2453/2026] stage, no interference whatsoever can be made by this Court and the same may be dismissed.
8. Heard learned counsel for the parties and perused the record.
9. The petitioner is aggrieved by rejection of his candidature on account of alleged less height than the prescribed parameters as stated hereinabove. In compliance of order dated 05.03.2026; the petitioner was sent for re-examination qua his height and as per report of Medical Board of AIIMS, Jodhpur sent along with letter dated 24.03.2026, it has come out that height of the petitioner is 168.3 cms. which is more than prescribed height of 168 cms.
10. The report of the Medical Board of AIIMS, Jodhpur vide letter dated 24.03.2026 is taken on record.
11. Thus, it is clear that petitioner is victim of wrong measurement of height and his candidature was not considered only on account of erroneous method adopted by the respondents for measurement of height.
12. All India Institute of Medical Sciences, Jodhpur where the petitioner was re-examined in compliance of order of this Court is a reputed government medical institution and there is no reason to disbelieve the report given by the Medical Board, AIIMS, Jodhpur. The contention of learned counsel of the respondents that since, during the pendency of the writ petition, the respondents have completed the recruitment process, claim of the petitioner cannot be considered even if he is found to possess the requisite height, is wholly misconceived and is hereby rejected.
13. In case, if the contention is accepted, it would cause grave injustice to the petitioner, who despite possessing sufficient marks (Uploaded on 10/04/2026 at 12:58:29 PM) (Downloaded on 10/04/2026 at 09:33:55 PM) [2026:RJ-JD:16126] (5 of 5) [CW-2453/2026] in the competitive examination, has been made victim of wrongful method of height measurement by the respondents. The writ jurisdiction under Article 226 of the Constitution of India is an equitable jurisdiction and if it has come out before this Court that for no fault of his own, the petitioner has been deprived of his legitimate right and has further been deprived of consideration for appointment, therefore, this Court cannot remain silent spectator and rather is bound to exercise its extra-ordinary jurisdiction to redress the grievances of the petitioner.
14. In view of above, this Court deems it just and proper to allow this writ petition and exclusion of petitioner from final selection list of Constable Recruitment-2025 is hereby declared illegal. The respondents are directed to proceed further treating height of the petitioner more than 168 cms. as measured by AIIMS, Jodhpur, in compliance of the direction given by Co-ordinate Bench of this Court and upon consideration, in case, the petitioner secures proper place in merit after undergoing the further steps of recruitment, the respondents shall issue an appointment order in favour of the petitioner. In case, need so arises, the respondents are also directed to create supernumerary post for the petitioner.
15. The necessary exercise shall be conducted within a period of six weeks from the date of receipt of certified copy of this order.
16. Pending application(s), if any, shall stand(s) disposed of.
(ANAND SHARMA),J 91-Taruna/-
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