Rajasthan High Court
Sarjeet S/O Sh. Budh Ram Meena vs State Of Rajasthan (2024:Rj-Jp:11768) on 7 March, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:11768]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2021/2022
Sarjeet S/o Sh. Budh Ram Meena, Aged About 26 Years,
Resident Of Village Rambas, Post Hantundi, Tehsil Mundawar,
Distt. Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Home
Department, Government Secretariat, Jaipur.
2. Director General Of Police, Rajasthan, Police Headquarter,
Lal Kothi, Tonk Road, Jaipur.
3. Inspector General Of Police (Recruitment), Police
Headquarter, Lal Kothi, Tonk Road, Jaipur.
4. Superintendent Of Police, Ajmer, S.p. Office, Ajmer.
----Respondents
For Petitioner(s) : Mr. Nishant Sharma
For Respondent(s) : Mr. Rupin Kala, GC
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
07/03/2024
1. The petitioner has filed this writ petition for issuance of
direction to the respondents to consider his higher merit for
recruitment on the post of Constable General in District Ajmer
under Scheduled Tribe Category (in short 'ST') as per his merit in
pursuance to the advertisement dated 25.05.2018 and give him
appointment on the post.
2. Counsel for the petitioner submits that the petitioner belongs
to ST Category and after passing the due process of selection, he
has secured 53.125 marks in the written examination, whereas
the candidates who were lower in merit to him under ST Category
have been allowed appointment by the respondents. Counsel
further submits that the action of the respondents for allowing the
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[2024:RJ-JP:11768] (2 of 4) [CW-2021/2022]
persons who were not higher in merit to the petitioner is illegal
and arbitrary.
3. Learned Government Counsel appearing for the respondents
submits that though the petitioner has secured 53.125 marks in
the written examination and the cut-off marks of written
examination for ST Category is 48.78 marks but the petitioner
could not be allowed appointment because he was declared pass
in the PST Test on the basis of relaxation provided to the
candidates of SC/ST Category. Counsel further submits that as per
the provisions of Rules, the candidate in SC/ ST Category stands
in merit but declared pass in the PST Test on the basis of
relaxation is considered for the appointment only in case the
vacancies remain unfilled after accommodating the candidates of
that category who have cleared the PST Test without relaxation.
4. Considered the submissions made by counsel for the
petitioner as well as the counsel for the respondents.
5. The respondents issued an advertisement dated 25.05.2018
for inviting applications for the post of Constable under various
Districts and Units. The petitioner applied for the post of Constable
General under the District Ajmer. The petitioner secured 53.125
marks in the written examination and was also declared pass in
the PST Test on the basis of relaxation provided to the ST
Candidate.
6. As per the averments made in the reply, the petitioner chest
measurement without inflating is 78.6 cm and on inflating is 86.5
cm. As per physical standards given in the advertisement, a
candidate must have chest measurement without inflating 81 cm.
[2024:RJ-JP:11768] (3 of 4) [CW-2021/2022]
The petitioner was declared pass in the PST Test in view of the
relaxation provided to the candidates of ST Category upto 5 cm.
7. Rule 14(2) of Rajasthan Police Subordinate Services Rules,
1989 provides that the candidates who have qualified the PST Test
after availing the relaxation of 5 cm in the height or chest
measurement, can be accommodated against the vacancies which
remain unfilled after giving appointment to all those candidates of
that particular category who have qualified the PST Test without
availing the relaxation. Rule 14(2) of the Rules of 1989 is quoted
as under:-
"(1) A candidate for direct recruitment of the Service,
must be in good mental and bodily health and free
from any mental or physical defect likely to interfere
with the efficient performance of his duties as a
member of Service and if selected must produce a
certificate to that effect from a Medical Authority
notified by the Government for the purpose. The
Appointing Authority may dispense with production of
such certificate in the case of a candidate promoted in
the regular line of promotion or who is already serving
in connection with the affairs of the State, if he has
already been medically examined for the previous
appointment and the essential standards of medical
examination of the two posts held by him are to be
comparable for efficient performance of duties of the
new post and his age has not reduced his efficiency for
the purpose.
(2) Except in the case of women candidates no
candidate, who is less than 168 Cms. In height and
whose deflated chest measurement is less than 81
Cms. and inflated less than 86 Cms. with a minimum 5
Cms. expansion of chest shall be deemed to be
physically fit;
"Provided that,-
i.) the height and weight of women candidates of
any category shall not be less than 152 centimetre and
47.5 kilogram respectively, except Saharia candidates.
ii.) candidates belonging to the Scheduled Castes and
Scheduled Tribes whose height and chest measurement
are less by 5 centimetres shall be deemed to be
physically fit in case requisite numbers of suitable
Scheduled Castes/Scheduled Tribes candidates
possessing physical fitness standards as laid down in
sub-rule (2) of rule 14 are not available.
[2024:RJ-JP:11768] (4 of 4) [CW-2021/2022]
Iii.) for requirement to the post of constable,
candidate belonging to the Saharia tribe of Baran
District, shall be deemed to be physically fit if,-
(a) a male candidate whose minimum height is not
less than 160 centimetre and their deflated chest and
inflated chest is not less than 74 centimetre and 79
centimetre respectively and expansion is required to be
minimum 5 centimetre; and
(b) a woman candidate whose minimum height and
weight is not less than 145 centimetre and 3 kilogram
respectively.
iv.) the height of Garhwali and Gurkha candidates
shall not be less than 160 centimetre and their deflated
and inflated chest must not be less than 79 and 84
centimetre, respectively; and"
8. The petitioner has not been able to show that any candidate
who has availed the relaxation in qualifying the PST Test and who
is lower in merit to him is given appointment. The appointments
have already been allowed to the ST Candidates who are either
qualifying the PST Test without availing the relaxation or are
higher in merit to him.
9. Since the petitioner could not find place in the merit list as
per the Constitution given under Rule 14(2) of the Rules of 1989,
the claim of the petitioner for appointment is not legal. Therefore,
this writ petition is dismissed being devoid of any merit.
10. Since the main petition has been dismissed, the stay
application & other pending application/s, if any, also stand
dismissed.
(GANESH RAM MEENA),J
DIVYA SAINI /27
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