Rajasthan High Court
State Of Rajasthan vs Deshraj Singh Gurjar S/O. Shri ... on 17 August, 2021
Bench: Indrajit Mahanty, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1178/2019
1. State Of Rajasthan, Through Its Secretary, Department Of
Home, Govt. Secretariat, Jaipur (Raj.)
2. Inspector General Of Police (Recruitment), Police Head
Quarter, Jaipur (Raj.)
3. Commissioner Of Police, (State Disaster Response Force)
Jaipur (Raj)
4. Superintendent Of Police, (State Disaster Response Force)
Sirohi (Raj)
----Appellants
Versus
Deshraj Singh Gurjar S/o. Shri Radheyshyam Gurjar, Aged About
22 Years, B/c Gurjar, R/o. Chad Ka Bas Rampura Gujaran, Post
Anantwada, District Dausa (Rajasthan). (Roll No. 4065064)
----Respondent
For Appellant(s) : Mr. Prakhar Gupta for
Dr. V.B. Sharma, AAG
For Respondent(s) : Mr. Shreyansh Mardia through VC
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
17/08/2021
D.B. Civil Misc. Application No. 762/2019 in D.B. Special
Appeal Writ No. 1178/2019:-
1. Application for condonation of delay is allowed for the
reasons noted therein.
2. Delay of 181 days is condoned.
(2 of 4) [SAW-1178/2019]
D.B. Special Appeal Writ No. 1178/2019:-
1. Since the sole respondent has entered appearance, the office
notice indicating non-filing of PF and notices, stands ignored.
2. Heard learned counsel for the appellant as well as counsel
appearing for the sole respondent.
3. Challenge in the special appeal has been made to an order
delivered by the Hon'ble Single Judge in S.B. Civil Writ Petition
No.24551/2018 and other connected matters, Hon'ble Single
Judge by judgment dated 12.11.2018, placed reliance on a
judgment rendered at Principal Seat, Rajasthan High Court,
Jodhpur, in S.B. Civil Writ Petition No.13790/2018: Rajesh
Kumar and anr. Vs. The State of Rajasthan and ors., decided
on 06.10.2018 and relying on the said judgment rendered by the
Hon'ble Single Judge, allowed the writ application and directed the
respondents to hold a fresh PET/PST qua petitioners on
14.11.2018 at 7.00 AM in the Rajasthan Police Academy Stadium,
Shastri Nagar, Jaipur and if they qualify, they may be considered
for appointment pursuant to the advertisement dated 25.05.2018.
4. It appears that the Hon'ble Single Judge passed the order
impugned placing reliance on the judgment passed by the Hon'ble
Single Judge in the case of Rajesh Kumar (supra), and has
allowed the writ application with the aforesaid direction :-
"Hence, all these writ petitions are disposed of in view of
the judgment passed by the Co-ordinate Bench of this
court in the matter of Rajesh Kumar (supra). The
respondents are directed to hold fresh PET/PST qua
petitioners on 14.11.2018 at 7.00 AM in Rajasthan Police
Academy Stadium, Shastri Nagar, Jaipur and if they qualify
in the PET/PST and find place in the order of merit, may be
considered for appointment pursuant to the advertisement
dated 25.05.2018".
(3 of 4) [SAW-1178/2019]
5. It further appears that the State has challenged the order
passed by the Hon'ble Single Judge before the Division Bench of
the Rajasthan High Court and the same was registered as D.B.
SAW Nos.410/2019, 537/2019, 412/2019 and 468/2019, wherein
the Division Bench at Principal Seat, Jodhpur, set aside the order
of the Hon'ble Single Judge on the ground that the second
opportunity for physical efficiency test (PET) could not have been
granted to the appellants. The Hon'ble Supreme Court by
judgment rendered in Civil Special Appeal Nos.661-664 of 2020 by
judgment dated 24.01.2020, set aside the judgment rendered by
the Hon'ble Division Bench and reinstated the order passed by the
Hon'ble Single Judge.
6. It is further submitted by the private respondent's counsel
that the said Rajesh Kumar was also directed to appear in the
same test as directed in the present impugned order and further
he submits on instructions that the writ petitioner has been found
to be successful.
7. Mr. Prakhar Gupta, learned counsel appearing for the State,
drew our attention to another order of Hon'ble Supreme Court in
Special Leave Petition (Civil) No. 20438/2019 in the case
of State of Rajasthan and ors. Vs. Popat Lal and ors.,
wherein, the self same Bench presided over by Hon'ble Ms. Justice
R. Banumathi came to clarify that the earlier directions issued by
the Supreme Court dismissing the SLP for considering application
of private respondents, who had to travel at a distance of
approximately 200 to 350 kms. and the Hon'ble Supreme Court
made it clear that dismissal of SLP filed on behalf of the State,
shall not be quoted as precedent in the pending writ petitions and
(4 of 4) [SAW-1178/2019]
the High Court was directed to consider the application at their
own merits.
8. It appears that the judgment relied upon the counsel for the
State was rendered on 11.12.2019, whereas, the judgment by the
Hon'ble Supreme Court in the case of Rajesh Kumar was rendered
on 24.01.2020. In other words, the judgment of the Apex Court in
Rajesh Kumar is subsequent to the judgment of Hon'ble Apex
Court in the case of Popat Lal(supra). Even apart from that, since
the writ petitioner has been found to be successful and the case of
Rajesh Kumar has been allowed by the Hon'ble Apex Court by
affirming the judgment rendered by the Hon'ble Single Judge in
the said case, we have no alternate other than to abide by the
said judgment and direct dismissal of the present special appeal
and affirmation of the order passed by the Hon'ble Single Judge
for the reasons as noted hereinabove.
9. Accordingly, the appeal stands dismissed.
10. In view of the dismissal of the State appeal, we direct the
State to carry out the direction issued by the Hon'ble Single Judge
within a period of four weeks from today.
(MANOJ KUMAR VYAS),J (INDRAJIT MAHANTY),CJ
NAVAL KISHOR / Hemant/-33
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