Rajasthan High Court - Jodhpur

Dharmendra Gila vs State Of Rajasthan on 16 September, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5915/2022 Bhajan Lal Vishnoi S/o Shri Veerma Ram Vishnoi, Aged About 28 Years, Resident Of Village Koja, Tehsil Dhorimana, District Barmer.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. Director General Of Police, Rajasthan, Jaipur.

3. Deputy Commissioner, Police Headquarter, Jaipur.

4. Secretary, Rajasthan Public Service Commission, Ajmer.

----Respondents Connected With S.B. Civil Writ Petition No. 6166/2022 Rinku Sharma D/o Shri Bheru Lal, Aged About 23 Years, R/o Village Kher Maliyo Tehsil Khermiya District Pratapgarh Pincode 312604.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghra Ghati, Jaipur Road Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6243/2022 Kailash S/o Shri Reshama Ram, Aged About 29 Years, Resident Of Village Post Kerala Nada, Bhikamkor, Tehsil Lohawat, District Jodhpur (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Home Affairs, Rajasthan, Secretariat,

(D.B. SAW/791/2022 has been filed in this matter. Please refer the same for further orders)

(2 of 10)

Jaipur.

2. The Director General Of Police, Rajasthan Police (Headquarter), Jaipur.

3. The Rajasthan Public Service Commission, Ajmer, Through Its Secretary.

----Respondents S.B. Civil Writ Petition No. 6254/2022 Bhavesh Choubisa S/o Shri Raman Lal Choubisa, Aged About 23 Years, Mukan Post Pachlasa Bada Pachlasa Bara District Dungarpur Pincode 314038.

----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road, Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq, Jaipur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6341/2022 Bhajan Lal S/o Uda Ram, Aged About 27 Years, Harshwara, Kuda, Tehsil Raniwara, District Jalore, Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road, Ajmer, Rajasthan.

3. The Director General Of Police, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6466/2022 Buddha Ram S/o Baboo Ram, Aged About 27 Years, R/o 232, Bishnoiyo Ki Dhani, Sewari, District Jalore, Raj.

----Petitioner Versus

(D.B. SAW/791/2022 has been filed in this matter. Please refer the same for further orders)

(3 of 10)

1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road, Ajmer, Rajasthan.

3. The Director General Of Police, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6480/2022 Om Prakash Choudhary S/o Shri Ratan Lal Choudhary, Aged About 29 Years, R/o Village Sarela Khurd Tehsil Mavli District Udaipur Rajasthan Pincode 313203.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road Ajmer

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 6490/2022 Suresh Kumar Jat S/o Shri Kishan Lal Jat, Aged About 30 Years, R/o Village Shivpura Tehsil Bhinder District Udaipur Rajasthan Pincode 313604.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6504/2022 Dharmendra Gila S/o Shri Sita Ram Gila, Aged About 22 Years, R/o Village Post Chhapra Tehsil Jayal District Nagaur Rajasthan.

(D.B. SAW/791/2022 has been filed in this matter. Please refer the same for further orders)

(4 of 10)

Pincode 341022.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

5. The Director/principal/officer In Charge Rpa, Pani Peech Jaipur.

----Respondents S.B. Civil Writ Petition No. 6538/2022 Jay Kumar Mochi S/o Shri Kanhaiya Lal Mochi, Aged About 27 Years, R/o 35/138 Ramdev Colony University Road Pahada City Udaipur District Udaipur Rajasthan Pincode 313001.

----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road, Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6654/2022 Ms. Shilpa Bishnoi D/o Ram Partap, Aged About 26 Years, Chak 21 Ndr, Po Chohilanwali, District Hanumangarh.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road, Ajmer, Rajasthan.

(D.B. SAW/791/2022 has been filed in this matter. Please refer the same for further orders)

(5 of 10)

3. The Director General Of Police, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7721/2022 Yogpal Singh Ahada S/o Shri Bheem Singh Ahada, Aged About 24 Years, R/o 3/365 Ramdev Chowk Shivaji Nagar District Dungerpur Pincode 314001.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7865/2022 Deepak Kumar Meghwal S/o Poonam Chandra, Aged About 24 Years, Village Achalpura Tehsil Chhoti Sadri District Pratapgarh Rajasthan Pin Code 312604.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Through Its Chairman Ghooghara Ghati, Jaipur Road, Ajmer

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 7875/2022 Dinesh Meghwal S/o Shri Gokul Meghwal, Aged About 30 Years, R/o Village Barodiya Post Barodiya Vaya Kheroda District Udaipur Pincode 313602.

----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary,

(D.B. SAW/791/2022 has been filed in this matter. Please refer the same for further orders)

(6 of 10)

Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road, Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 8428/2022 Dashrath Kumar S/o Asu Ram, Aged About 32 Years, Village Post Sarnau, Tehsil Sanchore, District Jalore (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Home Department, Secretariat, Government Of Rajasthan, Jaipur.

2. The Director General Of Police, Rajasthan, Jaipur.

3. The Inspector General Of Police, Recruitment And Promotion Board, Rajasthan, Jaipur.

4. The Secretary, Rajasthan Public Service Commission, Ajmer.

----Respondents S.B. Civil Writ Petition No. 8494/2022 Anil Bishnoi S/o Shri Omprakash, Aged About 22 Years, Dharmpuri Ki Dhani, Vpo Khejarli Kalan, Tehsil Luni, District Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Home Department, Secretariat, Government Of Rajasthan, Jaipur.

2. The Director General Of Police, Rajasthan, Jaipur.

3. The Inspector General Of Police, Recruitment And Promotion Board, Rajasthan, Jaipur.

4. The Secretary, Rajasthan Public Service Commission, Ajmer.

----Respondents

(D.B. SAW/791/2022 has been filed in this matter. Please refer the same for further orders)

(7 of 10)

S.B. Civil Writ Petition No. 8505/2022 Nirma Manda D/o Ram Gopal Manda, Aged About 23 Years, Bara Bas Rasisar, Tehsil Nokha, District Bikaner, Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home, Government, Of Rajasthan, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road, Ajmer, Rajasthan.

3. The Director General Of Police, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 9712/2022 Aashish Purbiya S/o Shri Sohan Lal Purbiya, Aged About 28 Years, R/o Near Hanuman Mandir Kaladwas Tehsil Girva Udaipur District Udaipur Rajasthan Pincode 313003.

----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission, Ghooghara Ghati, Jaipur Road, Ajmer.

3. The Director General Of Police, Police Headquarter, Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 11490/2022 Rakesh Dangi S/o Shri Bhanwan Lal Dangi, Aged About 25 Years, R/o Village - Post Bhesra Khurd Tehsil Girwa District Udaipur Pincode 313024.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Home, Government Secretariat, Jaipur, Rajasthan.

2. The Rajasthan Public Service Commission Ghooghara Ghati, Jaipur Road, Ajmer.

3. The Director General Of Police, Police Headquarter,

(D.B. SAW/791/2022 has been filed in this matter. Please refer the same for further orders)

(8 of 10)

Jaipur.

4. The Adg/ig (Recruitment), Phq Jaipur Rajasthan.

----Respondents

For Petitioner(s) : Mr. Hapu Ram Bishnoi.

Mr. Ripudaman Singh.

Mr. R.R. Ankiya.

Mr. S.R. Godara.

Mr. Inderjeet Yadav.

Mr. J.K. Vishnoi.

For Respondent(s) : Mr. Manish Vyas, AAG with Mr. Kailash Choudhary.

Mr. Rajesh Punia.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

16/09/2022

These writ petitions have been filed by the petitioners

aggrieved against the result of their physical efficiency test, which

has resulted in their failure at the recruitment on the post of Sub

Inspector pursuant to advertisement dated 3.2.2021.

The petitions have been filed seeking a review by the Court

of the PET conducted by the respondents, wherein it is claimed

that petitioners in fact had done the needful during PET to qualify

and/or to obtain better marks.

Learned AAG submits that issue as raised in the present writ

petitions have been considered by Bench at Jaipur in Jugal Kishore

Gurjar Vs. State of Rajasthan & Ors. : SBCWP No. 5853/2022 and

other connected matters decided on 16.8.2022, wherein the

petitions have been dismissed.

Learned counsel for the petitioners though attempted to

make submissions seeking to distinguish the order and/or seek to

contend that the order in the case of Jugal Kishore Gurjar (supra),

(D.B. SAW/791/2022 has been filed in this matter. Please refer the same for further orders)

(9 of 10)

requires reconsideration, the sum and substance of the prayer of

the petitioners has been negated by the Co-ordinate Bench in the

case of Jugal Kishore Gurjar (supra).

In the case of Jugal Kishore Gurjar (supra), the Bench, inter

alia, observed and directed as under:-

"12. Heard counsels for the parties and perused the record.

13. These writ petitions filed by the petitioners deserve to be dismissed for the reasons; firstly, a Board was constituted by the respondents, comprising of Higher Officers of the Department i.e. Inspector General of Police, Deputy Inspector General of Police and Superintendent of Police to have a check and vigil over the holding & completing the PET so as to take care of even each & every iota of problem or difficulty which a candidate may face during the said process; secondly, straightaway the allegation of mala-fides & arbitrariness has been levelled by the petitioners against the respondents but neither any material in support of the said allegation has been placed on record by the petitioners nor any person by name has been impleaded as party respondent in the writ petitions and there are several verdicts of the Hon'ble Supreme Court that in absence of sufficient cogent material in support of the allegation of malafides & arbitrariness, no credence can be attached to the said allegation; thirdly in my considered view, summoning & showing the videography & chips to each & every candidate will unnecessarily delay the completion of the selection process as it will open the gates of flood & the pandora box; fourthly the issue of videography & Chip as argued by counsels for the petitioners, has already examined by this Court in detail in the matter of Vishwas Sinsinwar (supra) and the contention raised therein with regard to summoning videography and chip was turned down by this Court in that matter, as such the same issue raised herein is of no substance and lastly, in view of the judgments referred above, in my considered view no case is made out for interference by this court under Article 226 of the Constitution of India.