Balkesh Son Of Shri Rohitash ... vs State Of Rajasthan
2022 Latest Caselaw 5942 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 20662/2018
Balkesh Son Of Shri Rohitash Choudhary, Aged About 20 Years,
Resident      Of   Village-Rundh         Kushalbas,         Post-Beroj,       Tehsil-
Mundawar, District-Alwar (Raj.)
                                                                      ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through The Home Secretary To The
        Government, Government Of Rajasthan, Government
        Secretariat, Jaipur (Raj.)
2.      The    Director    General        Of     Police,         Rajasthan,   Police
        Headquarter, Jaipur (Raj.)
                                                                   ----Respondents

For Petitioner(s) : Mr. Dinesh Yadav For Respondent(s) : Mr. Rajesh Maharshi, AAG with Mr. Udit Sharma Ms. Shretima Bagri Ms. Kinjal Surana

HON'BLE MR. JUSTICE INDERJEET SINGH Order

27/08/2022 Instant writ petition has been filed by the petitioner with the following prayers:-

"It is, therefore, humbly prayed that the Hon'ble Court may be pleased to allow the writ petition and ;

(I) By an appropriate writ, order or direction, the disqualification in the physical test and non-assessment of the race from the video recording be quashed and set aside.

(ii) By an appropriate writ, order or direction, the respondents be directed to access the race of the petitioner from the video recording and adjudge and suitability of the petitioner for the post of police constable;

(iii) By an appropriate writ, order or direction, the respondents be directed to appoint the petitioner on the post of police constable alongwith all consequential benefits.

(2 of 2) [CW-20662/2018]

(iv) Or any other appropriate relief may kindly be granted to the Petitioner which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

(v) Cost of the litigation may kindly be allowed to the petitioner."

The grievance of the petitioner is that during the physical

efficiency test the machine which counted the time of the

petitioner was not functioning properly, therefore, the time was

not rightly running and prayed for calling of the videography of the

event.

Counsel for the respondents submits that the petitioner has

secured 48.25 marks in his category, whereas, the last cut off

marks under the OBC category is 56.125, therefore, the

respondents have not selected the petitioner. Counsel further

submits that the technical report as well as videography is

concerned, the issue has already been considered and decided by

the Division Bench of this Court in the matter of State of

Rajasthan & Ors. Vs. Revant Ram Meghwal & Ors, reported

in 2020 (1) WLC 255 and by this Court in the matter Jugal

Kishor Gurjar Vs. State of Rajasthan & Ors. (S.B. Civil Writ

Petition No.5853/2022) along with other connected

matters) decided on 16.08.2022.

In that view of the matter, the present writ petition stands

dismissed, as the petitioner was lower in merit and in view of the

judgment passed by the Division Bench of this Court in the matter

of State of Rajasthan & Ors and by this Court in the matter of

Jugal Kishore (both supra).

(INDERJEET SINGH),J

Upendra/57

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