Mukesh Kumar Balai Son Of Shri ... vs State Of Rajasthan
2023 Latest Caselaw 1478 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 2024/2023
Rohit Nitharwal S/o Budhiprakash
                                                                  ----Petitioner
                                   Versus
Rajasthan Subordinate And Ministerial Service Selection Board
                                                                ----Respondent

Connected with S.B.Civil Writ Petition No.2103/2023 S.B.Civil Writ Petition No.2163/2023 S.B.Civil Writ Petition No.2178/2023 S.B.Civil Writ Petition No.2181/2023 S.B.Civil Writ Petition No.2200/2023 S.B.Civil Writ Petition No.2217/2023

For Petitioner(s) : Dr. Devendra Kumar Mr. T.C. Vyas Mr. Vinod Kumar Sharma Mr. Suresh Kumar Mr. Sanjay Buri Ms. Komal Giri Goswami with Mr. Bajrang Sepat For Respondent(s) : Mr. Surendra Meel for RSSB

HON'BLE MR. JUSTICE SUDESH BANSAL Order

03/02/2023

1. Counsel for petitioners submit that petitioners have qualified

minimum qualifying marks in the written exam conducted for the

post of Fireman pursuant to advertisement dated 10.08.2021

(Ann.1) and according to corrigendum advertisement dated

05.10.2021, 70 marks were fixed for written examination and 150

marks were fixed for physical efficiency & practical test. In written

examination, a candidate of general category was required to

obtain 33% marks and a candidate of reserve category was

required to obtain 28% marks and then he/she is required to be

called for physical efficiency and practical examination.

(2 of 2) [CW-2024/2023]

2. It has been submitted that respondents neither called

petitioners for physical measurement in respect of height, weight

and expansion of chest, nor called for the physical efficiency and

practical test.

3. It has been further submitted that in similar set of facts,

Hon'ble Division Bench in DB Civil Writ Petition No.18627/2022

titled Gopal Ram Vs. State of Rajasthan, placing reliance on

judgment of Hon'ble Supreme Court in case of Pradeep Singh

Dehal Vs. State of Himachal Pradesh (Civil Appeal

Nos.7211-7212/2019) as also placing reliance on an another

judgment passed by the Coordinate Bench in case of Rajasthan

Public Service Commission Vs. Naresh Sharam (DB Civil

Special Appeal No.886/2005), has permitted petitioners to

appear for physical & practical examination provisionally.

3. Heard.

4. Issue notice.

In addition copy of the writ petition be served in the office of

Mr. Anil Mehta, AAG and Mr. Surender Meel for RSSB within a

period of one week. Name of Ms. Archana and Mr. Surender Meel

be shown in cause list.

5. In the meanwhile, respondents are directed to allow the

petitioners, for the purpose of physical measurement in respect of

height, weight & chest expansion and if they qualify the criteria of

physical measurement, then call them for physical efficiency &

practical test, provisionally, if have not been already called.

6. List along with SB Civil Writ Petition No.328/2023.

7. Copy of this order be placed in each file.

(SUDESH BANSAL),J TN/3,10,25,32,34,36&38

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