Citation : 2023 Latest Caselaw 2020 Raj/2
Judgement Date : 10 February, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2643/2023
Dinesh Paliwal S/o Shri Shayam Prakash Paliwal
----Petitioner
Versus
The Chairman Rajasthan Staff Selection Board
----Respondent
Connected with S.B.Civil Writ Petition No.2653/2023 S.B.Civil Writ Petition No.2692/2023 S.B.Civil Writ Petition No.2697/2023 S.B.Civil Writ Petition No.2712/2023 S.B.Civil Writ Petition No.2715/2023 S.B. Civil Writ Petition No.2656/2023
For Petitioner(s) : Mr. Hitesh Bagri with Mr. Nadeem Mazahir Ms. Komal Kumari Giri Mr. Rajesh Gadwal with Mr. Waseem Akaram Mr. Manoj Kumar Mr. Dilip Singh Kurka Mr.Ram Pratap Saini Mr. B.B.L. Sharma For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
10/02/2023
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). It has been stated that 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
(2 of 2) [CW-2643/2023]
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
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, 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 connected file.
(SUDESH BANSAL),J
TN/12,15,33,34,42,44,17
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