Deepika Kumari Roat vs State Of Rajasthan
2021 Latest Caselaw 18309 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14093/2021

Deepika Kumari Roat W/o Mahesh Bhagora, Aged About 24 Years, R/o C/o Mahesh Bhagora, Fala Bhagora, Gamri Ahara, Dungarpur.

----Petitioner Versus

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

2. Director General Of Police, State Of Rajasthan, Police Directorate, Jaipur.

3. Inspector General Of Police, Range Udaipur, Udaipur.

4. Superintendent Of Police, Udaipur.

5. Commandant, Mewar Bhil Corps, Kherwara, Udaipur.

----Respondents

For Petitioner(s) : Mr. Ritu Raj Singh (through VC) For Respondent(s) : Mr. Manish Vyas, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

02/12/2021

This writ petition has been filed by the petitioner seeking a

direction to the respondents to conduct the physical efficiency test

of the petitioner again.

It is inter-alia indicated in the petition that though the

petitioner was called for physical efficiency test, on account of her

pregnancy, she could not participate in the physical efficiency test

and, therefore, relying on judgment in Priyanka Kunwar v. State

of Rajasthan & Ors.: SBCWP No.6222/2021, decided on

(2 of 3) [CW-14093/2021]

27.07.2021, it was prayed that petitioner may also be permitted

to now appear for physical efficiency test.

Learned counsel for the respondents made submissions that

the petitioner has approached the Court at a belated stage,

inasmuch as, pursuant to the order dated 27.07.2021, the

respondents have undertaken the physical efficiency test of

similarly situated candidates on 12.10.2021 and now, the eligible

candidates have been accorded appointment and that for

petitioner alone, the PET cannot be conducted now at belated

stage and, therefore, the petition deserves dismissal.

I have considered the submissions made by learned counsel

for the petitioner and have perused the material available on

record.

The Court on 27.07.2021 in the case of Priyanka Kunwar

(supra) ordered for grant of one more opportunity to the

candidates, who could not participate in the physical efficiency test

due to pregnancy and directed the respondents to hold the PET

within a period of two weeks, however, the respondents conducted

the same on 12.10.2021 and as such, the exercise was over on

12.10.2021.

The petitioner, though filed the petition on 04.10.2021, just

did not pursue the same and the petition for the first time came

up before the Court on 18.10.2021, when learned counsel for the

petitioner was directed to supply a copy of the petition to the

learned counsel for the respondents and ultimately the matter was

taken up by the Court for hearing on the aspect of status of

compliance of order dated 27.07.2021 by order dated 08.11.2021

as it was submitted that the respondents were yet to hold the PET

pursuant to the order dated 27.07.2021 and as such, the

(3 of 3) [CW-14093/2021]

petitioner may also be given the similar order as passed in the

case of Priyanka Kunwar (supra).

Once the respondents have disclosed that pursuant to the

order dated 27.07.2021, the respondents have already held the

PET on 12.10.2021 for Udaipur zone and appointment to the

successful candidates have already been granted, no case for

holding an isolated PET specially for the petitioner is made out.

The petition has no substance, the same is, therefore, dismissed.

(ARUN BHANSALI),J

215-pradeep/-

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