Lalita Kunwar vs The State Of Rajasthan
2021 Latest Caselaw 12028 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6568/2021

Lalita Kunwar D/o Shri Lal Singh, Aged About 28 Years, R/o Village Nanga Post Banoda, Tehsil Salumber, Dist Udaipur (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Home Department, Government Of Rajasthan, Rajasthan, Jaipur.

2. The Director General Of Police, Rajasthan, Jaipur.

3. The Inspector General Of Police (Recruitment), Rajasthan, Jaipur.

4. The Superintendent Of Police, Udaipur.

----Respondents

For Petitioner(s) : Mr. Khet Singh Rajpurohit For Respondent(s) : Mr. Manivh Vyas, AAG

JUSTICE DINESH MEHTA

Order

02/08/2021

(1) The petitioner, a women candidate, who was having advance

pregnancy, has preferred the present writ petition, inter alia,

seeking exemption from appearing in the Physical Efficiency Test

on account of her pregnancy.

(2) This Court has granted interim order in the present writ

petition on 27.04.2021, inter alia, observing that one post in

petitioner's category (Gen-TSP Female) shall be kept vacant.

(3) Learned counsel for the petitioner submits that in the

Physical Efficiency Test the candidates are/were supposed to run

for about 5 kms. If she had taken part in the race, it would have

(2 of 2) [CW-6568/2021]

posed serious threat, not only to her child in womb but also to her

own life.

(4) Learned counsel rely upon judgment of Division Bench dated

30.05.2017 rendered in bunch of cases led by Laxmi Devi Vs.

State of Rajasthan & Ors. (D.B. Civil Writ Petition No.18808/2015)

and prays that identical relief/indulgence be also given in this

matter.

(5) Mr. Manish Vyas, learned AAG, is not in a position to dispute

the aforesaid position of facts and law. He, however, submits that

the petitioner in the present writ petition was supposed to appear

on 13.04.2021 and thus, a common date and place for Physical

Efficiency Test be allowed to be fixed for all such candidates.

(6) The present writ petition is therefore, allowed in terms of

Division Bench judgment in the case of Laxmi Devi (supra).

(7) Director General of Police, Headquarter, Jaipur is directed to

hold common Physical Efficiency Test for the petitioner in the

second week of October, 2021.

(8) It will be required of the respondents to intimate the

petitioner about the date, time and place of the Physical Efficiency

Text, at least a week in advance on her e-mail ID and mobile

number, given by her in her application forms.

(9) Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J

272-skm/-

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