State Of Rajasthan vs Girdhari Lal Mali Son Of Shri ...
2022 Latest Caselaw 4865 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 D.B. Special Appeal Writ No. 807/2019

                                         In

                 S. B. Civil Writ Petition No. 21018/2018

1.      State Of Rajasthan, Through Its Secretary Department Of
        Home, Govt. Secretariat, Jaipur (Raj.)
2.      Inspector General Of Police, Police Head Quarter, Jaipur
        (Raj.)
3.      Superintendent Of Police, Bhilwara (Raj.)
                                                                   ----Appellants
                                     Versus
Girdhari Lal Mali Son Of Shri Banwari Lal Mali, Resident Of
Village And Post Ghatwa, Tehsil Nawa, District Nagaur (Raj.)
                                                                  ----Respondent

For Appellant(s) : Mr. Rajesh Maharshi, AAG For Respondent(s) : Mr. Atar Singh Gurjar, Adv.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

Order

15/07/2022

1. Present special appeal writ has been filed against the

order dated 30.10.2018 in SBCWP No. 21018/2018, 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

Single Bench on 09.10.2018, medical Board was constituted by

(2 of 3) [SAW-807/2019]

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-807/2019]

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. 21018/2018.

7. As a result, the appeal is dismissed.

8. All pending applications also stand disposed of.

                                    (SAMEER JAIN),J                                          (PANKAJ BHANDARI),J

                                   Pooja /31









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