Rajasthan High Court

Samay Singh Meena S/O Shri Mangi Lal ... vs The State Of Rajasthan ... on 27 February, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:10323]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 27958/2018
Samay Singh Meena S/o Shri Mangi Lal Meena, Aged About 25
Years, R/o Village Badawas, Post Balaher, Tehsil Baswa, District
Dausa
                                                                       ----Petitioner
                                     Versus
1.       The State Of Rajasthan, Through Home Secretary, Govt.
         Of Rajasthan, Secretariat, Jaipur
2.       Director General Of Police, State Of Rajasthan, P.h.q.
         Lalkothi, Jaipur
3.       Superintendent Of Police, Nagaur

                                                                    ----Respondents

For Petitioner(s)           :     None present
For Respondent(s)           :     None present



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                            Judgment / Order

27/02/2024

1. 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 for recruitment to the posts of

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

The petitioner being eligible candidate submitted his online

application form. He belongs to Scheduled Tribe Category. He

appeared in the written examination and was declared successful.

He was called for the Physical Efficiency Test and Physical

Standard Test (in short 'PET/PST Test) on a given date. He

appeared for the PET/PST Test on the scheduled date and was

declared passed.

[2024:RJ-JP:10323] (2 of 7) [CW-27958/2018]

2. It is the case of the petitioner that even though he was

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

the cut off marks in his category but he has not been given

appointment. When the petitioner finds out that why he has not

been given appointment, he came to know that he has been

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

available to the Scheduled Tribe (in short 'ST') Category

candidates. It is also the decision of the respondents that the

candidates belonging to the 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 been declared passed in

PET/PST Test with relaxation are accommodated.

3. The averment of the petitioner in the writ petition is that his

height and chest expansion has wrongly been measured by the

respondents during the measurement examination, though he has

required height and chest expansion as per the standards

mentioned in the advertisement dated 25.05.2018 i.e. he has

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

However, he has 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. It is further contended 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. It is

[2024:RJ-JP:10323] (3 of 7) [CW-27958/2018]

further contended that since the petitioner was declared successful

in PET/PST Test without mentioning in the result-sheet that he has

been declared successful with relaxation, he was having no

occasion to file an appeal and if the respondents would have

mentioned in the result-sheet that the petitioner has been

declared successful on the basis of relaxation, certainly he would

have submitted an appeal. The respondents incorrectly measured

his height and chest expansion. The petitioner has been deprived

of his opportunity of filing an appeal and re-medical examination

and ultimately he has been denied the appointment, though he

possesses the requisite height and chest expansion and also

stands in merit.

4. No one has put in appearance from both the sides.

5. Considered the pleadings made by the petitioner in the writ

petition and have perused the material made available on record.

6. This Court in the case of Karan Singh vs. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.15/2019)

decided on 26.02.2024 alongwith connected petitions, has

observed as under:-

"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 petitioner who belongs to ST Category having all requisite qualifications, submitted his online application form and participated in the recruitment process. The petitioner appeared in the written examination and on being successful in the written examination, he was allowed to participate in the PET/PST Test conducted by the respondents.

[2024:RJ-JP:10323] (4 of 7) [CW-27958/2018]

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 fcuk Qqyk,s&81 ls- Ykkxw ugha fcuk Qqyk,s&74 ls- Ykkxw ugh iq:'kksa 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"

After having been participated in the PET/PST Test, the petitioner was declared successful in the test, however, he was not accorded appointment by the respondents on the ground that he was declared successful in PET/PST Test on the basis of relaxation being provided to the ST candidate as provided under Note 1 of sub-clause VIII of Clause 8 of the advertisement.

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

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

ß"kkjhfjd ekiÙkkSy (Physical Standard Test/PST)-

[2024:RJ-JP:10323] (5 of 7) [CW-27958/2018]

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 Since the petitioner was declared successful in PET/PST Test without mentioning in the result-sheet that he has been declared successful on the basis of relaxation provided for the ST Category candidates, there was no occasion for him to file an appeal. If the respondents would have mentioned in the result -sheet that the petitioner has been declared successful in the PET/PST Test on the basis of relaxation as allowed to the ST candidates, he would have also filed an appeal because he submits that he fulfills the required physical standard without any relaxation and the respondents have incorrectly measured his height and chest expansion.

It has also been brought to the notice of the Court that in the recent physical standard 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 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.

[2024:RJ-JP:10323] (6 of 7) [CW-27958/2018]

On consideration of over all facts as stated above, this Court finds that a candidate of 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 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.

This Court feels that declaring a candidate of 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 petitioner by submitting an appeal to the respondents now alongwith requisite fee so that he can get proper opportunity as he is claiming that he is having the physical standard as required as per the condition of the advertisement for claiming any relaxation.

Accordingly, the present writ petition is allowed. The respondents are directed to allow the opportunity of re-examination of physical standard to the petitioner for which he shall appear before the Additional Director General of Police (Recruitment) on 19.03.2024.

On depositing the requisite fee of Rs.500/-, the respondents shall got conduct re-examination of physical standard of the petitioner by a Medical Board constituted by the Superintendent of SMS Medical College & Hospital, Jaipur. In case the petitioner is declared successful for the physical standard examination without providing him any relaxation as allowed to the ST Candidate, he shall be considered for the appointment on the basis of his merit with all consequential benefits, including seniority etc. and shall be placed and treated as appointed from the date any

[2024:RJ-JP:10323] (7 of 7) [CW-27958/2018]

candidate lower in merit to him has been given appointment.

It is made clear that the petitioner shall be entitled for the notional benefits for the intervening period.

After re-medical examination, further process of appointment shall be completed by the respondents within a period of one month from the date of re- medical examination."

7. In view of the above, the present writ petition is also

allowed. The respondents are directed to allow the opportunity of

re-examination of physical standard to the petitioner for which he

shall appear before the Additional Director General of Police

(Recruitment) on 19.03.2024.

8. On depositing the requisite fee of Rs.500/-, the respondents

shall got conduct re-examination of physical standard of the

petitioner by a Medical Board constituted by the Superintendent of

SMS Medical College & Hospital, Jaipur. In case the petitioner is

declared successful for the physical standard examination without

providing him any relaxation as allowed to the ST Candidate, he

shall be considered for the appointment on the basis of his merit