The State Of Rajasthan vs Annu Meena S/O Ramswaroop Meena
2022 Latest Caselaw 2917 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              D.B. Civil Special Appeal Writ No. 417/2022

                                           In

                S.B. Civil Writ Petition No. 21472/2018

   1.     The State of Rajasthan, Through Home Secretary, Govt.
          of Rajasthan, Secretariat, Jaipur.
   2.     Inspector General of Police (Recruitment), P.H.Q. Lalkothi,
          Jaipur.
   3.     Superintendent of Police, Bhilwara.
   4.     Superintendent of Police, Ajmer.
                                                                     ----Appellants
                                       Versus
   Annu Meena S/o Ramswaroop Meena, Aged About 24 Years, R/o
   Chitarwali Dhani, Dausa District Dausa (Raj.)
                                                                    ----Respondent

For Appellant(s) : Mr. Rajesh Maharshi, Additional Advocate General For Respondent(s) : Mr. R.D. Meena, Advocate

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN

Judgment / Order

06/04/2022

Learned State Counsel would submit that the approach of the

learned Single Judge was fallacious in law, as without there being

any material to show that the measurement taken on 06.09.2018

during the process of selection was wrong, direction was issued for

re-measurement.

We find that during the process of selection the writ

petitioner was subjected to weight measurement which came out

to be 45 Kg on 06.09.2018. When writ petition was filed, a

(2 of 2) [SAW-417/2022]

direction was issued by the learned Single Judge for re-

measurement by the Medical Board and within twenty two days

when weight of writ petitioner was again checked it was recorded

as 50 Kg by the Medical Board. This was done on 28.09.2018.

Taking into consideration that the cut off weight even as per

advertisement was 47.5 Kg, the learned Single Judge granted

relief to the writ petitioner finding fault with the measurement

process during the process of selection.

Taking into consideration the short period within which the

re-measurement was done by the Medical Board according to

which the writ petitioner was found to be eligible, in the peculiar

facts and circumstances of the present case and particularly taking

into consideration that re-measurement was done within less than

twenty five days, we are not inclined to interfere with the order.

The appeal is accordingly dismissed.

We make it clear that we have not commented upon the

principles applicable in the case and that shall be decided in the

appropriate matter.

(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Mohita /7

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