Rajasthan High Court

Vikram Singh Meena Son Of Shri Ram Swarup ... vs State Of Rajasthan on 26 February, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:9618]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 15/2019

Karan Singh Son Of Shri Shimbhu Dayal, Aged About 28 Years,
Resident Of Village Dhelawas, Post Gopipura, Tehsil Mundawar,
District Alwar (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Department Of Home, Through Its
         Secretary, Govt. Secretariat, Jaipur (Raj.)
2.       Director General Of Police, Police Head Quarter, Lalkothi,
         Jaipur (Raj.)
3.       Inspector General Of Police (Recruitment), Police Head
         Quarter, Lalkothi, Jaipur (Raj.)
4.       Superintendent Of Police, Alwar, District Alwar (Raj.)
                                                                 ----Respondents

Connected With S.B. Civil Writ Petition No. 25/2019 Kamal Kishor Sankhla Son Of Shri Ramji Lal Sankhla, Aged About 20 Years, Resident Of G-152, Narsingh Nagar, Near By Ganesh Colony, Jhotwara, Jaipur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Department Of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.)

2. Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.)

3. Inspector General Of Police (Recruitment), Police Head Quarter, Lalkothi, Jaipur (Raj.)

4. Superintendent Of Police, Sawai Madhopur, District Sawai Madhopur (Raj.)

----Respondents S.B. Civil Writ Petition No. 928/2019 Ravi Kumar Meena S/o Angad Meena, Aged About 21 Years, R/o Village Bhutyapura, Post Inayati, Tehsil Sapotra, District Karauli, Rajasthan.

                                                                    ----Petitioner



 [2024:RJ-JP:9618]                           (2 of 9)                            [CW-15/2019]


                                           Versus
1.       The        State      Of     Rajasthan,          Through        Its    Secretary,
         Department              Of      Home,          Government             Secretariat,
         Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter, Jaipur.

3. The Inspector General Of Police (Recruitment), Rajasthan, Jaipur.

4. The Superintendent Of Police, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 2213/2019

Vikram Singh Meena Son Of Shri Ram Swarup Meena, Aged About 24 Years, Resident Of Village Naswara, Post Halena, Tehsil Weir, Distt. Bharatpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Director General Of Police, Phq, Rajasthan, Jaipur.

2. Inspector General Of Police (Recruitment), Rajasthan, Jaipur.

3. Superintendent Of Police, Jaisalmer, Rajasthan.

                                                                        ----Respondents


For Petitioner(s)                :     Mr. Ram Pratap Saini
                                       Dr. Gunjan Sharma
                                       Mr. Aamir Khan
                                       Mr. R.S. Bhardwaj
For Respondent(s)                :     Mr. S.P.S. Rajawat for Mr. G.S. Gill
                                       (AAG) with
                                       Mr. Brijesh Kumar, Dy.S.P.



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                                 Judgment / Order

26/02/2024





 [2024:RJ-JP:9618]                     (3 of 9)                             [CW-15/2019]

1. In all these petitions, grievance of the petitioners is similar

and therefore, all these petitions are being disposed of by this

common order.

2. The brief facts of the case are that the respondent- Office of

Director General of Police, Rajasthan, Jaipur issued an

advertisement dated 25.05.2018, inviting online application forms

from the eligible candidates to the recruitment to the posts of

Constable General/ Operator/ Driver/ Horse Rider/ Dog Squad.

The petitioners being eligible candidates submitted their online

application forms. All the petitioners belong to Scheduled Caste or

Scheduled Tribe Category. All the petitioners appeared in the

written examination and were declared successful. They were

called for the Physical Efficiency Test and Physical Standard Test

(in short 'PET/PST Test) on a given date. The petitioners appeared

for the PET/PST Test on the scheduled date and were declared

passed.

3. It is the case of the petitioners that even though they were

declared passed in PET/PST Test and secured marks higher than

the cut off marks in their category but they have not been given

appointment. When the petitioners find out that why they have

not been given appointment, they came to know that they have

been declared passed in PET/PST Test on the basis of relaxation as

available to the Scheduled Caste and Scheduled Tribe (in short

'SC/ST') Category candidates. It is also the decision of the

respondents that the candidates belonging to the SC/ST Category

who have been declared successful in PET/PST Test without any

relaxation, are given appointment in first stage and when

vacancies remained unfilled only then the candidates who have

[2024:RJ-JP:9618] (4 of 9) [CW-15/2019]

been declared passed in PET/PST Test with relaxation are

accommodated.

4. Counsel for the petitioners submits that the height and chest

expansion of the petitioners have wrongly been measured by the

respondents during the measurement examination, though they

have required height and chest expansion as per the standards

mentioned in the advertisement dated 25.05.2018 i.e. they have

height of 168cm or above and chest expansion 81-86 cm.

However, the petitioners have been declared passed in PET/PST

Test in view of the relaxation as mentioned in Note 1 of sub-clause

VIII of Clause 8 of the said advertisement. Counsel further

submits that Sub-clause 1 of Clause 11 of the said advertisement

provides that in case the candidate is aggrieved by the physical

examination, he can file an appeal alongwith the requisite fee of

Rs.500/- for re-examination. It is also provided that in case during

the re-examination the candidate is declared successful as per the

physical standard, the fee deposited by him is refundable. Counsel

further submits that since the petitioners were declared successful

in the PET/PST Test without mentioning in the result sheet that

they have been declared successful with relaxation, they were

having no occasion to file an appeal. Counsel further submits that

if the respondents would have mentioned in the result-sheet that

the petitioners have been declared successful on the basis of

relaxation, certainly they would have submitted an appeal. The

respondents incorrectly measured their heights and chest

expansion. The petitioners have been deprived of their opportunity

of filing an appeal and re-medical examination and ultimately they

[2024:RJ-JP:9618] (5 of 9) [CW-15/2019]

have been denied the appointment, though they possess the

requisite height and chest expansion and also stand in merit.

5. Counsel for the respondents alongwith the Officer In-Charge

of the case submit that it is wrong to say that the petitioners have

been denied the opportunity of appeal because they were knowing

about the facts that in case they are aggrieved by the result of the

PET/PST Test, they can file an appeal with the requisite fee on the

very same day for re-examination. Counsel further submits that

since the petitioners did not avail the opportunity of an appeal as

provided under the advertisement dated 25.05.2018, now at this

juncture, their claim for re-examination is not tenable and

therefore, this writ petition deserves to be dismissed. Counsel

further submits that if any order is passed in favour of the

petitioners, it would invite further litigations and ultimately not as

revision of the result of the recruitment process.

6. Considered the submissions made by counsel for the

petitioners as well as the counsel for the respondents and have

perused the material made available on record.

7. The respondents by issuing an advertisement dated

25.05.2018, invited applications forms from the eligible candidates

for participating in the recruitment process of 2018 on the Posts of

Constable General/ Operators/ Drivers/ Horse Riders/ Dog Squad.

The petitioners who belong to SC/ST Category having all requisite

qualifications, submitted their online application forms and

participated in the recruitment process. All the petitioners

appeared in the written examination and on being successful in

the written examination, they were allowed to participate in the

PET/PST Test conducted by the respondents.

[2024:RJ-JP:9618] (6 of 9) [CW-15/2019]

8. The required Physical Standard Test for recruitment to the

Post of Constable is mentioned in sub-clause VIII of Clause 8 of

the said advertisement, which is quoted as under:-

"(Viii) "kkjhfjd ekin.M+& jktLFkku iqfyl v/khuLFk lsok fu;e 1989 ds fu;e&14 ds vuqlkj vH;fFkZ;ksa dh ÅapkbZ lhus dk eki ,oa otu fuEukuqlkj gksuk vfuok;Z gS%& LkkekU; {ks= ckjka ftys ds lgfj;k vkfnokfl;ksa ds ekin.M fy, ekin.M iq:'k efgyk iq:'k efgyk U;wure ÅpkbZ 168 ls-eh- 152 ls-eh- 160 ls-eh- 145 ls-eh-

lhuk ¼dsoy iq:'kksa fcuk Qqyk,s&81 ls- Ykkxw ugha fcuk Qqyk,s&74 ls- Ykkxw ugh ds fy,½ eh- Qqykus ij&86 eh- Qqykus ij&79 ls-eh- ¼lhus dk ls-eh- ¼lhus dk Qqyko de ls de Qqyko de ls de 5 ls-eh-½ 5 ls-eh-½ otu ¼dsoy Ykkxw ugha 47-5 fd-xzk- Ykkxw ugh 43 fd-xzk- efgykvksa ds fy,½ uksV& 1- ;fn lkekU; {ks= ds fy, mijksDr of.kZr "kkjhfjd ekin.Mksa ds vuqlkj vuqlwfpr tkfr@vuqlwfpr tutkfr ds vH;FkhZ miyC/k ugha gksrs gSa rks mUgsa ÅapkbZ o lhus esa 5 ls-eh- dh NwV ns; gksxhA 2- igkMh ,oa vkfnoklh {ks= ds vH;fFkZ;ksa ds fy, fu;e&14¼2½ jktLFkku iqfyl v/khuLFk lsok fu;e 1989 ds vUrxZr ekin.M gksaxsA (iX)fpfdRldh; ekin.M ¼1½ vH;FkhZ dh nksuksa vka[kksa dh n`f'V 6x6 fcuk p"es ds gksuk vfuok;Z gSA ¼2½ vH;FkhZ ekufld :i ls tkx:d] lqn`< LokLF; okyk ,oa lHkh "kkjhfjd fodkjksa] nks'kksa] jksxksa ls eqDr gksuk pkfg,A vH;FkhZ ekufld :x.krk ls xzLr ugha gksuk pkfg,A ¼3½ vH;FkhZ ds ?kqVus vkil esa Vdjkus (knock-knee), ulsa Qwyh gqbZ gksuk (varicose veins), HkSaxkiu (squint), jrkSa/kh (night blindness), jax n`f'V nks'k (colour blindness), gdykdj cksyuk (stammering), iSj (flat foot), lery ;k vU; dksbZ fod`fr tks drZO; ikyu esa ck/kd gks (any other deformity) ugha gksuh pkfg,A"

9. After having been participated in the PET/PST Test, the

petitioners were declared successful in the test, however, they

were not accorded appointment by the respondents on the ground

that they were declared successful in PET/PST Test on the basis of

relaxation being provided to the SC/ST candidates as provided

under Note 1 of sub-clause VIII of Clause 8 of the advertisement.

10. Sub-clause 1 of Clause 11 of the said advertisement provides

for an appeal by a candidate aggrieved by the physical

measurement conducted by the respondents on submitting

requisite fee of Rs.500/- on the very same day of his physical

[2024:RJ-JP:9618] (7 of 9) [CW-15/2019]

standard examination. On filing of such an appeal, the re-

examination of the candidates is conducted.

11. Sub-clause 1 of Clause 11 of the advertisement is quoted as

under:-

ß"kkjhfjd ekiÙkkSy (Physical Standard Test/PST)- lEcfU/kr ftyk@;wfuV@cVkfy;u dh inokj@oxZokj@efgyk@iq:'k fjfDr;ksa ds ikapxq.kk vH;fFkZ;ksa ¼cS.M in ds leLr vH;FkhZ½ dks "kkjhfjd eki&rkSy (PST) gsrq cqyk;k tk,xkA fu;ekuqlkj xfBr HkÙkhZ cksMZ }kjk "kkjhfjd eki&rkSy esa ;ksX; ik, x;s vH;fFkZ;ksa dh "kkjhfjd n{krk ijh{kk vk;ksftr dh tkosxhA HkrhZ cksMZ PST esa mifLFkr leLr vH;fFkZ;ksa dks muds ekirkSy ls voxr djk;sxkA [ksy dksVs ds vH;fFkZ;ksa dks egkfuns"kd iqfyl }kjk i`Fkd ls xfBr [ksy HkrhZ cksMZ }kjk "kkjhfjd ekirkSy ds fy, vyx ls cqyk;k tk;sxkA vihy& "kkjhfjd ekirkSy esa vlQy jgs vlUrq'V vH;FkhZ HkrhZ cksMZ ds le{k fu/kkZfjr izfØ;kuqlkj udn :i;s 500&@"kqYd tek djkdj mlh fnu vihy dj ldrk gSA ijh{kkFkhZ ;fn vihy ij "kkjhfjd ekirkSy esa lQy jgrk gS rks mlls fy;k x;k "kqYd okil djrs gq, mls p;u izfØ;k esa "kkfey fd;k tkosxkA vlQy jgus dh fLFkfr esa ;g "kqYd okil ugha fd;k tkosxkA vihy dh fØ;kfUofr ds fy, HkrhZ cksMZ ds lkFk ,d jktdh; fpfdRld jgsxk] vihy mlh fnu iw.kZ dh tkosxhA uksV& vihy ds lEcU/k esa HkrhZ cksMZ }kjk fy;k x;k fu.kZ; vfUre gksxkAÞ

12. Since the petitioners were declared successful in PET/PST

Test without mentioning in the result-sheet that they have been

declared successful on the basis of relaxation provided for the

SC/ST Category candidates, there was no occasion for them to file

an appeal. If the respondents would have mentioned in the result

-sheet that the petitioners have been declared successful in the

PET/PST Test on the basis of relaxation as allowed to the SC/ST

candidates, they would have also filed an appeal because they

submit that they fulfill the required physical standard without any

relaxation and the respondents have incorrectly measured their

heights and chest expansion.

13. It has also been brought to the notice of the Court that in

the recent physical standards examination, the respondents have

adopted the practice of mentioning that a candidate is declared

passed in the PET/PST Test on the basis of relaxation or not. The

respondents have to clarify those candidates who are being

declared successful in the PET/PST Test on the basis of relaxation

or without relaxation and if any candidate is declared successful

[2024:RJ-JP:9618] (8 of 9) [CW-15/2019]

with relaxation and he is aggrieved, he may prefer an appeal,

meaning-thereby, the respondents themselves have realized this

that the candidates who are declared successful in PET/PST Test

on the basis of relaxation without there being any such mentioning

in the result-sheet, they are deprived of their opportunity of

appeal and for that the respondents have adopted this new

method of declaring the result of PET/PST Test by mentioning that

a candidate belonging to SC/ST Category declared passed on the

basis of relaxation or without relaxation.

14. On consideration of over all facts as stated above, this Court

finds that a candidate of SC/ST Category, though has been

declared passed in PET/PST Test but with relaxation is not

considered for appointment until and unless all those candidates

of SC/ST Category are given appointment who have been declared

pass in PET/PST Test without any relaxation even in case they are

lower in merit to the candidates who have been declared

successful in PET/PST Test on the basis of relaxation.

15. This Court feels that declaring a candidate of SC/ST Category

passed in PET/PST Test without mentioning this fact that he has

been passed on the basis of relaxation certainly deprives that

candidate from submitting his appeal as provided under the

recruitment process. In such circumstances, it would be justifiable

to provide an opportunity of re-examination of physical standard

to the petitioners by submitting an appeal to the respondents now

alongwith requisite fee so that they can get proper opportunity as

they are claiming that they are having the physical standard as

required as per the condition of the advertisement for claiming

any relaxation.