Citation : 2023 Latest Caselaw 612 Raj/2
Judgement Date : 17 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 897/2023
Ramniwas Son Of Shri Mukan Lal
----Petitioner
Versus
State Of Rajasthan & Ors.
----Respondents
For Petitioner(s) : Mr. Suresh Kumar
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
17/01/2023
1. Counsel for petitioner submit that petitioner has qualified
minimum qualifying marks in the written exam conducted for the
post of Assistant 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
petitioner 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
(2 of 2) [CW-897/2023]
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 petitioner for the purpose of physical
measurement in respect of height, weight & chest expansion and
if he qualifies the criteria of physical measurement, then call him
for physical efficiency & practical test, provisionally, if has not
been already called.
(SUDESH BANSAL),J
SACHIN/14
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