Teejki vs State Of Rajasthan
2021 Latest Caselaw 11587 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 6222/2021 Priyanka Kunwar D/o Shri Bheru Singh W/o Shri Hemendra Singh, Aged About 27 Years, R/o Village Karwasa Chhapaniya, Post Parda Itiwar, Tehsil Aspur, District Dungarpur, Rajasthan.

----Petitioner Versus

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

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

3. Superintendent Of Police, Police Headquarters, Udaipur, Rajasthan.

----Respondents (2) S.B. Civil Writ Petition No. 6393/2021 Kiran Kumari D/o Shri Rajendra Singh W/o Shri Mukesh Kumar, Aged About 25 Years, Resident Of Village And Post Jhansal, District Hanumangarh (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Department Of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.)

2. Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.).

3. Inspector General Of Police (Recruitment), Police Head Office, Rajasthan, Jaipur (Raj.).

4. The Commandant, 1St Battalion Rajasthan Armed Constabulary (Rac), Headquarter, Nagaur Bera Mandore, Jodhpur (Rajasthan).

----Respondents (3) S.B. Civil Writ Petition No. 6466/2021 Pushpa Kumari D/o Shri Nopa Ram W/o Shri Thana Tam, Aged About 27 Years, Resident Of Village And Post Herola, Malanu, Tehsil Bali, District Pali (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Department Of Home, Through

(2 of 4) [CW-6222/2021]

Its Secretary, Govt. Secretariat, Jaipur (Raj.).

2. Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.).

3. Inspector General Of Police (Recruitment), Police Head Office, Rajasthan, Jaipur (Raj.).

4. The Superintendent Of Police, Dist. Udaipur (Raj.).

----Respondents (4) S.B. Civil Writ Petition No. 6469/2021 Kalpana Patidar D/o Shri Bhuraji Patidar W/o Shri Ashok Patidar, Aged About 26 Years, Resident Of Village And Post Padwa, Tehsil Sagwara, District Dungarpur (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Department Of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.).

2. Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.).

3. Inspector General Of Police (Recruitment), Police Head Office, Rajasthan, Jaipur (Raj.).

4. The Superintendent Of Police, Dist. Dungarpur (Raj.).

----Respondents (5) S.B. Civil Writ Petition No. 6567/2021 Ramila Kumari Roat D/o Shri Laxman Lal Roat W/o Shri Dilip, Aged About 27 Years, Resident Of Village And Post Beda, Tehsil Jhonthri, District- Dungarpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Department Of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.).

2. Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.).

3. Inspector General Of Police (Recruitment), Police Head Office, Rajasthan, Jaipur (Raj.).

4. The Superintendent Of Police, Dist -Dungarpur (Raj.).

----Respondents (6) S.B. Civil Writ Petition No. 7429/2021 Teejki D/o Shri Sopa Ram W/o Shri Rana Ram, Aged About 23

(3 of 4) [CW-6222/2021]

Years, Resident Of Village And Post Khadra Fali, Tehsil Pindwara, District - Sirohi (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Department Of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.).

2. Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.).

3. Inspector General Of Police (Recruitment), Police Head Office, Rajasthan, Jaipur (Raj.).

4. The Superintendent Of Police, Dist - Sirohi (Raj.).

----Respondents

For Petitioner(s) : Mr. Keshav Bhati Mr. OP Sangwa For Respondent(s) : Mr. Manish Vyas, AAG

JUSTICE DINESH MEHTA

Order

27/07/2021

1. The petitioners - all women candidates who were having

advance pregnancy have preferred the present bunch of writ

petitions, inter alia, seeking exemption from appearing in the

Physical Efficiency Test on account of their pregnancy.

2. This Court has granted interim orders in all these writ

petitions on different dates, inter alia, observing that their

candidature shall not be rejected, if they did not appear in the

scheduled Physical Efficiency Test.

3. Learned counsel for the petitioners submit that in the

Physical Efficiency Test the candidates are/were supposed to run

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

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

their own lives.

(4 of 4) [CW-6222/2021]

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 pray that identical relief/indulgence be also given in these

matters.

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 petitioners in the present bunch of petitions were supposed to

appear on different dates in different districts and thus, a

common date and place for Physical Efficiency Test be allowed to

be held for all such candidates.

6. The present writ petitions are therefore, allowed in terms of

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

7. Director General of Police, Headquarter, Jaipur is directed to

hold common Physical Efficiency Test for all the petitioners in

second week of October, 2021.

8. It will be required of the respondents to intimate each

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

Test, at least a week in advance on their Email ID and Mobile

number, given by them in their application forms.

9. Stay petition stands disposed of accordingly.

(DINESH MEHTA),J 115-120-Amar/-

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