Rajasthan High Court
Manisha Gurjar W/O Shri Rajesh Kumar ... vs State Of Rajasthan (2024:Rj-Jp:9862) on 27 February, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:9862]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2945/2024
Manisha Gurjar W/o Shri Rajesh Kumar Gurjar, Aged About 28
Years, R/o Village Jarkhoda, Tehsil Nainwa, District Bundi At
Present Resident At Village Jhundwa, Tehsil Uniyara, District
Tonk.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Home
Department, Government Of Rajasthan, C-Scheme, Ashok
Nagar, Jaipur, Rajasthan.
2. Director General Of Police, Police Headquarters, Lalkothi,
Jaipur.
3. Superintendent Of Police (Recruitment And Promotion
Board), Police Headquarters, Lalkothi, Jaipur.
4. Superintendent Of Police, 114, Jawahar Nagar Housing
Board, Bundi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Karan Tibrewal
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
27/02/2024
1. The petitioner has filed the present writ petition with a
challenge to the order dated 28.04.2021, passed by the
Superintendent of Police (Recruitment & Promotion Board),
Rajasthan, Jaipur, whereby she was declared unsuccessful in
PET/PST Test as she was found to be underweight having
measurement of weight as 44.500 kg, whereas the required
standard weight is 47.500 kg.
2. Counsel for the petitioner submits that when the petitioner
was called for PET/PST Test in compliance of order dated
06.08.2020 passed by Co-ordinate Bench of this Court in S.B. Civil
(D.B. SAW/200/2024 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 08/03/2024 at 09:25:21 PM)
[2024:RJ-JP:9862] (2 of 3) [CW-2945/2024]
Writ Petition No.1991/2019, she submitted a fitness certificate
issued by the Medical Officer dated 'NIL' with a mention that she is
49 kg weight but the respondents have not taken into
consideration the fitness certificate issued in her favour giving out
her weight as 49 kg.
3. Considered the submissions made by counsel for the
petitioner.
4. Facts of the case are that an advertisement was issued by
the Office of Director General of Police, Rajasthan, Jaipur on
25.05.2018, inviting the applications forms from the eligible
candidates for recruitment to the Posts of Constable General/
Operators/ Drivers/ Horse Riders and Dog Squad. As per Clause-8
of the said advertisement, the standard weight required for
women candidate is 47.5 kg.
5. The petitioner earlier also preferred S.B. Civil Writ Petition
No.1991/2019 for issuance of directions to the respondents to
allow her a chance of PET/PST Test because at the relevant date
when the PET/PST Test was scheduled, she was pregnant. The
aforesaid writ petition was disposed of by the Co-ordinate Bench
of this Court vide order dated 06.08.2020 with a direction to the
respondents to re-conduct PET/PST Test of the petitioner and if
she qualifies as per the standards laid down under the
advertisement and her name finds place in the order of merit in
the respective category, she may be considered for appointment in
terms of the advertisement dated 25.05.2018.
6. In compliance of the order dated 06.08.2020, the petitioner
was called for PET/PST Test. During PET/PST Test, her weight was
measured as 44.500kg and she was declared unsuccessful as the
(D.B. SAW/200/2024 has been filed in this matter. Please refer the same for further orders)
[2024:RJ-JP:9862] (3 of 3) [CW-2945/2024]
standard weight prescribed for women candidate in advertisement
is 47.500 kg.
7. The main contention of counsel for the petitioner is that the
petitioner appeared for PET/PST Test in compliance of the
directions of the Court issued in S.B. Civil Writ Petition
No.1991/2019 decided on 06.08.2020 and she submitted a health
certificate dated 'NIL' with a mention that she is having weight of
49 kg but the respondents have illegally measured her weight as
44.500 kg.
8. The submissions made by counsel for the petitioner cannot
be accepted firstly; in view of the material facts that the health
certificate issued in favour of the petitioner, which is enclosed with
the writ petition, does not bear the date of issuance of the same
and secondly; if the petitioner weight was measured incorrectly
then she was having an option to make an appeal for re-
examination on the very same date, submitting the requisite fee
of Rs.500/- in view of Sub-clause-1 of Clause-11 of the
advertisement but she did not submit any such appeal and
therefore, it cannot be said that the respondents have incorrectly
measured her weight.
9. In view of the discussion made above, this Court finds no
merit in the case. Hence, the present writ petition is dismissed.
10. Since the main petition has been dismissed, the stay
application and all pending application, if any, also stand
dismissed.
(GANESH RAM MEENA),J
ARTI SHARMA /34
(D.B. SAW/200/2024 has been filed in this matter. Please refer the same for further orders)
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