Sarju Devi vs The State Of Rajasthan
2021 Latest Caselaw 11845 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6348/2021

Sarju Devi D/o Ugma Ram W/o Narsingh Ram, Aged About 21 Years, Ofg Randa Ki Dhani, Nimbari, Tehsil Makrana, District Nagaur.

----Petitioner Versus

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

2. The Director General Of Police, Headquarter, Jaipur.

3. The Superintendent Of Police (Recruitment And Promotion Board), Jaipur.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Mr. Manish Vyas, AAG

JUSTICE DINESH MEHTA

Order

29/07/2021

(1) The petitioner - a women candidate who had given birth to a

child on 22.02.2021, just a few days before the date of Physical

Efficiency Test, has preferred the present writ petition, inter alia,

seeking exemption from appearing in the Physical Efficiency Test

on account of her pregnancy.

(2) This Court has granted interim order in this writ petition,

inter alia, observing that her candidature shall not be rejected, if

she did not appear in the scheduled Physical Efficiency Test.

(3) Learned counsel for the petitioner submits that in the

Physical Efficiency Test the candidates are/were supposed to run

(2 of 2) [CW-6348/2021]

for about 5 kms. If the petitioner had taken part in the race, it

would have posed serious threat to her life.

(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 prays 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 petitioner in the present writ petition was supposed to appear

on 09.04.2021 for Physical Efficiency Test, thus, another date and

place for Physical Efficiency Text be allowed to be fixed for the

petitioner.

(6) The present writ petition is, therefore, allowed in terms of

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

(7) Director General of Police, Headquarter, Jaipur is directed to

hold common Physical Efficiency Test for the petitioner in the

second week of October, 2021.

(8) It will be required of the respondents to intimate the

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

Text, at least a week in advance on her e-mail ID and mobile

number, given by her in her application form.

(9) Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J

232-skm/-

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