State Of Rajasthan vs Bharat Yadav S/O Rajkumar Yadav
2022 Latest Caselaw 7108 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Special Appeal Writ No. 1129/2022

1.     State     Of    Rajasthan,          Through          Principal   Secretary,
       Department Of Home, Secretariat, Jaipur.
2.     The Director General Of Police, Police Head Quarters,
       Near Nehru Place, Tonk Road, Jaipur.
                                                                    ----Appellants
                                     Versus
1.     Bharat Yadav S/o Rajkumar Yadav, Aged About 24 Years,
       R/o Quarter No. 244, Rpa Jaipur, District Jaipur, Rajasthan
2.     Rajasthan      Public      Service        Commission,        Through    Its
       Secretary, Ajmer.
                                                                  ----Respondents

For Appellant(s) : Mr. Rajesh Maharshi, AAG with Ms. Shretima Bagri For Respondent No.1 : Mr. Ram Pratap Saini

For Respondent No.2 : Mr. M.F. Baig

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

09/11/2022

1. Heard Mr. Rajesh Maharshi, learned Additional Advocate

General with Ms. Shretima Bagri appearing for the appellant and

Mr. Ram Pratap Saini & Mr. M.F. Baig, learned counsel appearing

for respondent No.1 and respondent No.2 respectively.

2. In the writ petition, the matter pertains to the issuance of

direction to the respondents to conduct physical efficiency test of

the petitioner-respondent No.1. The writ petition has been allowed

by the Writ Court vide impugned judgment and order dated

25.05.2022. Accordingly, the present appeal has been preferred.

(2 of 3) [SAW-1129/2022]

3. On the last occasion i.e. 01.11.2022, Mr. Ram Pratap Saini

and Mr. M.F. Baig, learned counsel appearing for the respondents

were directed to seek instructions and to file response, if

necessary. They have not obtained any instructions and have not

filed any response so far.

4. Learned counsel for the appellant-State submits that the

controversy regarding physical efficiency test of the respondent

No.1 is covered by the decision of the Division Bench of this Court

dated 30.01.2020 passed in D.B. Special Appeal Writ

No.1310/2019, Dropadi Jyani Vs. State of Rajasthan & Ors.

In the said case, the petitioner had filed a writ petition seeking

direction upon the State-respondents to conduct physical

efficiency test of the petitioner for the post of

Sub-Inspector/Platoon Commander on her recovery from the

injury. The writ petition was dismissed on the basis of the decision

of the Co-ordinate Bench rendered in S.B. Civil Writ Petition

No.14086/2018, Sunil Kumar Jani Vs. State of Rajasthan &

Ors., decided on 18.09.2018, against which the special appeal

was dismissed on 14.11.2018.

5. In view of the aforesaid decision of the learned Single Judge

in the case of Sunil Kumar Jani (supra), which was upheld by

the Division Bench, the decision of the learned Single Judge

allowing the writ petition filed by the petitioner-respondent No.1

cannot be accepted.

6. In view of the above, as the controversy regarding

conduction of physical efficiency test of the respondent No.1 for

the post of Sub-Inspector/Platoon Commander is covered by the

above decision in Sunil Kumar Jani's case (supra), which has

been affirmed by the Division Bench and followed by another

(3 of 3) [SAW-1129/2022]

Division Bench in Dropadi Jyani's case (supra), we are of the

opinion that this appeal deserves to be allowed and the judgment

and order of the learned Single Judge directing for conducting

physical efficiency test of the respondent No.1 deserves to be set

aside and the same is hereby set aside.

7. Accordingly, the appeal is allowed.

(ANOOP KUMAR DHAND),J (PANKAJ MITHAL),CJ

KAMLESH KUMAR/RAJAT/3

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