Khushbu Vishnoie vs The State Of Rajsthan ...
2023 Latest Caselaw 2864 Raj

[2023/RJJD/009258]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6087/2022

Khushbu Vishnoie D/o Babu Lal Vishnoie, Aged About 24 Years, R/o Vishnoiyo Ki Dhani, Dhanudhali, Dhudali, Rohat, District Pali, Rajasthan (Roll No. 767675).

----Petitioner Versus

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

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

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

----Respondents

For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Mr. Manish Vyas, AAG Mr. Rajesh Punia

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/04/2023

This writ petition has been filed by the petitioner aggrieved

against the result of their physical efficiency test, which has

resulted in his failure at the recruitment on the post of Sub

Inspector pursuant to advertisement dated 3.2.2021.

The petition has been filed seeking a review by the Court of

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

petitioner 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

(D.B. SAW/713/2022 has been filed in this matter. Please refer the same for further orders)

[2023/RJJD/009258] (2 of 3) [CW-6087/2022]

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 petitioner 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)

requires reconsideration, the sum and substance of the prayer of

the petitioner 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,

interalia, 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 VishwasSinsinwar (supra) and the contention raised therein with regard to summoning videography and chip was turned down by this Court in that matter, as

(D.B. SAW/713/2022 has been filed in this matter. Please refer the same for further orders)

[2023/RJJD/009258] (3 of 3) [CW-6087/2022]

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 Article226 of the Constitution of India.

14. Hence, these writ petitions fail and are hereby dismissed.

15. Copy of the order be placed separately in each file."

In view of the above fact situation, following the order in the

case of Jugal Kishore Gurjar (supra), the writ petition filed by the

petitioner is dismissed.

Pursuant to the orders of this Court, the petitioner has

deposited demand draft of Rs. 20,000/- with the respondents.

Learned AAG shall return back the said demand draft to the

counsel representing the petitioner.

The Banks are directed to refund the amount of demand

draft to the petitioner.

(VINIT KUMAR MATHUR),J 2-SanjayS/-

(D.B. SAW/713/2022 has been filed in this matter. Please refer the same for further orders)

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