State Of Rajasthan vs Dinesh Kumar Baisla S/O Shri ...
2021 Latest Caselaw 357 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D. B. Civil Special Appeal (Writ) No. 913/2019
                                         In
                S. B. Civil Writ Petition No. 20817/2018

1.     State of Rajasthan, through the Director General of
       Police, Police Headquarter, Lal Kothi, Jaipur.
2.     The      Superintendent          of    Police/Commandant,         District
       Bundi.
                                                                   ----Appellants
                                     Versus
Dinesh Kumar Baisla S/o Shri Jagdish Prasad Gurjar, aged about
21 Years, Resident of Badh Bachchhika Bas, Sikandara Road,
Bandikui, Dausa (Raj.)
                                                                  ----Respondent

For Appellants : Mr. Harshal Tholia Advocate on behalf of Dr. Vibhuti Bhushan Sharma Additional Advocate General.

For Respondent : Mr. Tanveer Ahamad Advocate through Video Conferencing.

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Judgment

18/01/2021

Respondent had filed the writ petition alleging that he

had been erroneously denied appointment as Constable. The writ

petition filed by the respondent was allowed by the learned Single

Judge vide order dated 29.10.2018. Hence, the present appeal by

the State.

Learned State counsel has submitted that the writ

petition filed by the respondent was liable to be dismissed as he

did not have the required chest and height measurements. On

medical examination, it was found that the respondent did not

meet the criteria fixed vis-à-vis chest and height measurements.

(2 of 2) [SAW-913/2019]

Learned counsel for the respondent, on the other hand,

has opposed the appeal and has submitted that in similar

circumstances, D. B. Special Appeal (Writ) No. 908/2019 filed by

the State was dismissed by Division Bench of this Court. Issue

involved in the said appeal was also similar. State had approached

the Hon'ble Supreme Court by filing special leave to appeal and

the same was dismissed vide order dated 16.09.2019.

Respondent had applied for recruitment as Constable in

pursuance to the advertisement issued by the State dated

25.05.2018. Although, respondent had cleared the written

examination but he was not granted appointment on the ground

that he did not meet the chest and height measurement

requirement.

During the pendency of the writ petition, Medical Board

was constituted to report with regard to the height and chest

measurement (deflated or inflated) of the respondent. As per the

report submitted by the Medical Board, it transpired that the

respondent had the required chest and height measurements.

Hence, the learned Single Judge allowed the writ petition filed by

the respondent.

In similar circumstances, writ petition filed by Brijesh

Kumar Meena was allowed by the learned Single Judge and D. B.

Special Appeal (Writ) No. 908/2019 filed by the State was

dismissed by Division Bench of this court. In this factual

background, the present appeal is liable to be dismissed.

Accordingly, the appeal stands dismissed.

                                   (MANOJ KUMAR VYAS),J                                                 (SABINA),J

                                   MANOJ NARWANI /37







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