Rajasthan High Court
The State Of Rajasthan vs Aarif S/O Ummar on 4 July, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 1095/2019
In
S. B. Civil Writ Petition No. 21369/2018
1. The State Of Rajasthan, Through Its Home Secretary,
Secretariat, Rajasthan, Jaipur.
2. The Director General Of Police, Police Headquarter,
Rajasthan, Jaipur.
3. The Secretary, Department Of Personnel, Government
Secretariat, Jaipur.
----Appellants
Versus
Aarif S/o Ummar, Aged About 21 Years, R/o Village Dundawal
Tehsil Nagar, District Bharatpur
----Respondent
For Appellant(s) : Mr. Rajesh Maharishi, AAG
For Respondent(s) : Mr. Banwari Lal Sharma, Adv. with
Mr. Namo Narayana Sharma, Adv.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
04/07/2022
1. Present special appeal writ has been filed against the
order dated 30.10.2018 in SBCWP No. 21369/2018, whereby the
Hon'ble Single Judge has allowed the writ petition with a direction
to give appointment to the non-appellant/respondent on the post
of Constable as per his merit and category with all consequential
benefits on notional basis.
2. At the outset, learned Additional Advocate General has
submitted that in compliance of order passed by the learned
(2 of 3) [SAW-1095/2019]
Single Bench on 08.10.2018, medical Board was constituted by
the SMS Medical Hospital, Jaipur and physical examination of the
petitioner was conducted on 12.10.2018, wherein expert
opinion/Medical Board opinion was given and was taken on record.
The non-appellant/respondent had applied for the post of
Constable in pursuance to the advertisement dated 20.05.2018
and was successful in written examination thereafter non-
appellant/respondent appeared in physical efficiency test (PET)
held on 05.09.2018. The appellants denied appointment to the
non-appellant/respondent on the ground that his chest
measurements were not as per eligible standard. As per Medical
Board's Report dated 12.10.2018 carried out within a period of
one month, it was found that the chest measurements of the non-
appellant/respondent in normal state and also in the expansion
state were of requisite standard. In the light of the same, the writ
petition was allowed.
3. The same is under challenge.
4. Though the learned State counsel vehemently argued
the appeal but he was not able to refute the array of the
Coordinate Bench judgments on the similar issue cited by the non-
appellant wherein reliance was placed upon Hon'ble Apex Court
judgment in SLP No. 9291/2022, titled as State of Raj. & Ors.
Vs. Rajesh Gurjar, wherein similar type of controversy was
decided in favour of the petitioner/constable and against the
State. Facts of the case being identical to the same, the non-
appellant counsel has submitted that the appeal should be
rejected.
5. Non-appellant counsel has also relied upon the
Coordinate Bench judgments of this court dated 04.04.2022 and
(3 of 3) [SAW-1095/2019]
05.04.2022 in DBSAW No. 926/2021 and 751/2021, wherein in
similar facts, the State appeal was rejected.
6. In the light of the above facts and relying upon the
judgments of the Coordinate Bench of this Court and Apex Court
judgment in Rajesh Gurjar (supra), we are not inclined to interfere
with the order dated 30.10.2018 decided by by Single Judge in
SBCWP No. 21369/2018.
7. As a result, the appeal is dismissed.
8. All pending applications also stand disposed of.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
Pooja /38
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