Citation : 2023 Latest Caselaw 298 Raj/2
Judgement Date : 10 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 291/2023
Manish Gurjar S/o Shri Jagdish Gurjar & Anr.
----Petitioners
Versus
State Of Rajasthan & Anr.
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
10/01/2023
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 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-291/2023]
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. In the meanwhile, respondent-Rajasthan Staff Selection
Board is directed to allow the 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 for physical efficiency & practical test,
provisionally, if have not been already called.
6. List after three weeks.
(SUDESH BANSAL),J
NITIN /9
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