Smt. Alka Kumari Bhagora vs State Of Rajasthan
2021 Latest Caselaw 11847 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6214/2021

Kamla D/o Sh. Bhagwana Ram W/o Shri Bhajan Lal Saran, Aged About 26 Years, R/o Kuda, Post Panchala, Tehsil Sanchor, District Jalore (Raj.).

----Petitioner Versus

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

2. Director General Of Police, Rajasthan Police Headquarter Lalkothi, Jaipur.

3. District Superintending Of Police, District Pali (Raj.).

----Respondents Connected With S.B. Civil Writ Petition No. 5733/2021 Smt. Alka Kumari Bhagora W/o Shri Yogesh Rathod, Aged About 25 Years, B/c Bheel, R/o Village Kotamangri And Post Dungariya, Tehsil Ghatol, District Banswara (Raj.).

----Petitioner Versus

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

2. The Director General Of Police (Recruitment), Rajasthan, Jaipur.

3. The Superintendent Of Police, Banswara (Raj.).

----Respondents

For Petitioner(s) : Mr. Sushil Bishnoi Mr. Jubin Mehta For Respondent(s) : Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Order

29/07/2021

(2 of 3) [CW-6214/2021]

(1) The petitioners - all women candidates who were having

advance pregnancy have preferred the present 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 both 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) 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) Ms. Vandana Bhansali, learned counsel for the respondents,

is not in a position to dispute the aforesaid position of facts and

law. She, however, submits that the petitioners in the present writ

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 fixed for all such candidates.

(6) The present writ petitions are 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 both the petitioners in

the second week of October, 2021.

(3 of 3) [CW-6214/2021]

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

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

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

number, given by them in their application forms.

(9) Stay petitions also stand disposed of accordingly.

(DINESH MEHTA),J

230-231-skm/-

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