Rajasthan High Court - Jodhpur
Parema Ram vs State Of Rajasthan on 24 April, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Civil Writ Petition No. 4784/2023
Parema Ram
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. M.L. Deora
For Respondent(s) : Mr. Sandeep Shah, Sr. Adv./AAG with
Mr. Nishant Bafna
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
24/04/2023
1. It is submitted by learned counsel for the petitioner that in
the advertisement dated 11.11.2020 Annexure-2, the respondents
while prescribing the physical standards and efficiency test has not
taken into consideration the provisions of Rule 8-A (iii) of the
Rajasthan Civil Service (Absorption of Ex-servicemen) Rules, 1988
which prescribes that for selection of any post the parameter of
physical fitness test shall be relaxed appropriately by the State
Government.
2. Submissions have been made that a specific stipulation has
been made in the advertisement that the standards prescribed
shall apply to all candidates irrespective of the fact whether they
belong to Ex-servicemen category. Further submissions have been
made that relaxation in physical standards have been granted in
(2 of 3) [CW-4784/2023]
other recruitment pertaining to constable and sub-inspector etc.
by State/ RPSC.
3. Learned AAG made submissions with reference of judgment
in Ashok Kumar Vs. State of Bihar (2017) 4 SCC 357 that the
challenge laid to the provision is belated, as the petitioners have
appeared in the written examination without any protest and now
are questioning the physical standards and, therefore, the petition
is not maintainable.
4. Counsel for the petitioner made submissions that the
judgment in the case of Ashok Kumar (supra) is not applicable as
the challenge laid therein, was after the result of recruitment was
declared. The respondents are yet to undertake the physical test
in terms of the advertisement.
5. Learned AAG made further submissions that the physical test
is scheduled from today onwards and, therefore, any interference
by the way of interim order at this stage would unnecessary affect
those candidates, who want to participate in the physical test
irrespective of non-grant of relaxation to Ex-servicemen and
therefore, stay of test will not serve any purpose. Further
submissions have been made that similar nature petitions have
been fixed on 09.05.2023.
6. In the circumstances of the case, wherein when the similar
nature petitions are coming up on 09.05.2023, the physical test
date shall not be disturbed as the same is to take place today
onwards, we deem it appropriate that the respondents may go
ahead with the physical test pursuant to the advertisement dated
11.11.2020, however, the result of ex-servicemen category
pertaining to the Non-TSP area, shall not be declared by the
(3 of 3) [CW-4784/2023]
respondents without prior permission from this Court. Reply to the
petition, if any be filed before the next date.
7. List the petition on 09.05.2023.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
8-Anshul/-
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