Vijendra Kumar Meena S/O Pappu Ram ... vs The State Of Rajasthan
2021 Latest Caselaw 1036 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 1923/2019
Vijendra Kumar Meena S/o Pappu Ram Meena, Aged About 23
Years, R/o Village And Post Gudhliya, P.s. Kolwa, Via Kundal,
Tehsil Baswa, District Dausa, Rajasthan.
                                                                   ----Petitioner
                                   Versus
1.     The State Of Rajasthan, Through Its Secretary,
       Department     Of  Home, Government Secretariat,
       Rajasthan, Jaipur.
2.     The Director General Of Police, Police Headquarter, Jaipur
3.     The Inspector General Of Police (Recruitment), Rajasthan,
       Jaipur
4.     The Superintendent Of Police, Jaisalmer
                                                                ----Respondents

For Petitioner(s) : Mr. Namo Narayan Sharma For Respondent(s) : Mr. Harshal Tholia for Dr. Vibhuti Bhushan Sharma, AAG

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order

01/02/2021

Both the counsels are agreed that the issue involved in the

present writ petition stands finally adjudicated by this Court vide

its order dated 24.02.2020 which has been affirmed by the

Division Bench and the Supreme Court also.

This Court in the case of Sanjay Meena had followed the

judgment passed in Brijesh Kumar Meena Vs. The State of

Rajasthan and observed that the chest measurement of 10 CM is

extremely unlikely. The Medical Officer has conducted the chest

measurement of the petitioner and found to be 85 CM and inflate

is 90 CM which is affirmed to be in consonance with the

requirement under the Rajasthan Police Subordinate Services

Rule, 1989. Earlier when the petitioner appeared before the

(2 of 2) [CW-1923/2019]

concerned recruiting physical examination, the chest

measurement was mentioned as deflate 77.5 CM and inflate chest

measurement 87.7 CM. Thus, earlier chest measurement was

found to be extremely unlikely and as there cannot be any inflate

of 10 CM. Having found the said measurement has incorrect, this

court directed the petitioner's chest measurement to be re-

examined by the Medical Board which has now given the result as

noticed above.

Keeping in view the judgment passed by this Court in Sanjay

Meena Vs. State of Rajasthan & Ors., SBCWP No.27021/2018

decided on 24.02.2020 and the judgment passed by the Division

Bench in D.B. Special Appeal (Writ) No.514/2020 State of

Rajasthan & Ors. Vs. Sanjay Meena decided on 08.09.2020, this

Court is of the view, this writ petition deserves to be allowed and

the same is accordingly allowed.

Accordingly, the petitioner would be entitled for consideration

of appointment as per his merit. The exercise shall be conducted

within a period of one month by the State. If petitioner is found

suitable, appointment shall be offered to him. If he is given

appointment, his merit shall be notionally fixed. He would be sent

for further training and shall be treated from the same batch of

selected Constable for all intents and purposes. Actual benefit

shall be made available to him from the date of joining and he will

also undertake the probation period. It is made clear that if the

petitioner has also undergone the physical examination then he

will not be asked to again appear for physical examination.

(SANJEEV PRAKASH SHARMA),J

Arun/26

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