Mangi Lal vs State Of Rajasthan
2022 Latest Caselaw 7846 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR


             D.B. Review Petition (Writ) No. 179/2019

Mangi Lal s/o Shri Gordhan Ram, Moolraj Lohawat, Tehsil
Phalodi, District Jodhpur, Rajasthan
                                                                   ----Appellant
                                   Versus
The Director General Of Police, Rajasthan, Jaipur
                                                                ----Respondents



For Petitioner(s)        :     Mr. S.P. Sharma
For Respondent(s)        :     Mr. Kailash Choudhary




           HON'BLE MR. JUSTICE SANDEEP MEHTA
      HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

                                   ORDER

25/05/2022

Through this petition, the appellant writ petitioner seeks

review of the order dated 28.9.2016 dismissing the D.B.Special

Appeal (Writ) No.1367/2014 filed by the appellant for assailing the

order dated 4.7.2014 passed by the learned Single Bench in writ

petition. By the impugned orders, the prayer made by the writ

petitioner impetrating to reconsider his candidature for the post of

Constable in the selection process initiated vide notification dated

28.9.2012 was turned down.

The appellant-petitioner claims that he was selected in the

written examination and stood in merit and pursuant thereto, he

also cleared the physical efficiency test. However, the respondents

failed him on the basis of the medical opinion pertaining to vision

(2 of 3) [WRW-179/2019]

defect. The learned Single Bench rejected the writ petition filed by

the appellant-petitioner herein observing that he was suffering

from colour blindness as opined by the medical board. The intra

court appeal filed by the appellant-petitioner against the order of

the Single Bench has been dismissed vide the judgment dated

28.09.2016, whereafter the instant review application has been

preferred.

Mr. S.P. Sharma, learned counsel representing the petitioner,

vehemently and fervently urged that pursuant to rejection of the

candidature of the petitioner on the basis of the medical board's

report, the petitioner filed an appeal for re-examination by a

second medical board in terms of the point No.13 of the Standing

Order and Government Circular dated 01.01.1975. However, the

appeal preferred by the petitioner was not considered and decided

and thus, the impugned order deserves to be reviewed.

Mr. Kailash Choudhary, learned counsel representing the

respondents, has drawn the court's attention to the order dated

06.12.2019 passed by the Hon'ble Supreme Court dismissing the

Special Leave Petition (Civil) Diary No.22041/2018 affirming the

judgment dated 28.09.2016 passed by the Division Bench (the

order under review).

Mr. Sharma would argue that even rejection of the SLP by

the Hon'ble Supreme Court would not preclude the petitioner from

filing a review petition.

A pertinent query was put to Mr. Sharma whether any

ground was raised by the petitioner in the memo of Special Appeal

regarding he having been denied the opportunity of appeal, to

which, he frankly conceded that no such ground is taken in the

(3 of 3) [WRW-179/2019]

appeal. Otherwise also, we find that the appeal preferred by the

petitioner was dismissed by the Commandant, Second Battalion,

RAC, Kota by order dated 29.07.2013.

In this view of the matter, we are of the firm opinion that the

impugned order ex-facie does not suffer from any error apparent

on the face of the record so as to review the same. Accordingly,

the review application fails and is dismissed as being devoid of

merit.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

83-Pramod/-

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