Fauji Singh Dabariya S/O Banwari ... vs The State Of Rajasthan
2023 Latest Caselaw 1813 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 2466/2023

Fauji Singh Dabariya S/o Banwari Lal Dabariya & Anr.
                                                                      ----Petitioners
                                      Versus
The State Of Rajasthan & Ors.
                                                                   ----Respondents

Connected with S.B. Civil Writ Petition No. 2468/2023 S.B. Civil Writ Petition No. 2532/2023 S.B. Civil Writ Petition No. 2487/2023

For Petitioner(s) : Mr. Vijay Punia Mr. Surendra Sharma Mr. Hari Shanker Gaur Mr. Satish Kumar Balwada For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/02/2023

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 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. It has been submitted that respondents neither called

petitioners for physical measurement in respect of height, weight

(2 of 2) [CW-2466/2023]

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.

5. In the meanwhile, respondent- Rajasthan Staff Selection

Board is directed to allow petitioners, who have secured minimum

qualifying marks in the written examination, 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 after three weeks.

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

(SUDESH BANSAL),J

NITIN /13, 14, 27, 54

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