Kirti Khatri W/O Prabhat Khatri vs State Of Rajasthan
2023 Latest Caselaw 1926 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 2605/2023

Kirti Khatri W/o Prabhat Khatri & Ors.
                                                                    ----Petitioners
                                     Versus
State Of Rajasthan & ors.
                                                                  ----Respondents

For Petitioner(s) : Mr. Aveesh Mourya on behalf of Mr. Abhishek B. Sharma For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

09/02/2023

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. 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

(2 of 2) [CW-2605/2023]

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. Copy of the writ petition be served in the office of Mr.

Surender Meel for RSSB. His name be shown in the cause list.

6. In the meanwhile, respondents are directed to allow

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.

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

(SUDESH BANSAL),J

TN/29

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