[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Mahipal Singh Chundawat vs State Of Rajasthan (2025:Rj-Jd:55033) on 18 December, 2025
[2025:RJ-JD:55033]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 24529/2025
Mahipal Singh Chundawat S/o Gopal Singh Chundawat, Aged
About 26 Years, Resident Of 28 Meera Nagar, A Dhikli Road,
Pratap Nagar, Tehsil And District Udaipur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Director General Of Police,
Police Headquarter, Rajasthan, Jaipur.
2. Inspector General Of Police, Udaipur Range, Udaipur
(Chairman Selection Board).
----Respondents
For Petitioner(s) : Mr. Divik Mathur
For Respondent(s) : --
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
18/12/2025
1. On the request of learned counsel appearing on behalf of the
petitioner the matter has been taken up and heard for final
disposal at admission stage.
2. The present writ petition has been filed seeking a direction to
the respondent authorities to allow the petitioner to undergo the
Physical Efficiency and Measurement Test. Subsequently, the
contention of the learned counsel appearing on behalf of the
petitioner is that the petitioner participated in the selection
process for Constable (Driver); he was found meritorious in the
selection and the date for the Physical Efficiency and Measurement
Test was fixed for 10.12.2025. The petitioner suffered a hip injury
while practicing for the said Physical Efficiency and Measurement
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Test and the Medical Board advised him to take rest. The
petitioner approached the respondent authorities on 09.12.2025
i.e. one day prior to the scheduled date and requested them to
allow him to participate in a subsequent Physical Efficiency and
Measurement Test as he was injured during practice. Such a
representation was given to the Inspector General of Police,
Udaipur Range, Udaipur (Chairman, Selection Board), i.e.
respondent No. 2, who is the Head of the Selection Board, on
09.12.2025 (Annex. 7).
3. Learned counsel appearing on behalf of the petitioner placed
reliance on condition No. 10 of the advertisement, which grants
certain relaxations to women who are pregnant from participating
the scheduled period of the Physical Efficiency and Measurement
Test.
4. The further contention of learned counsel appearing on
behalf of the petitioner is that once such a relaxation is given to
pregnant women, persons who suffer any injury or are suffering
from any illness on the scheduled date should also be given a
relaxation on sympathetic grounds to allow them to participate in
the next Physical Efficiency and Measurement Test, if any, to be
conducted along with the pregnant women who have been granted
relaxation under condition No. 10.
5. Learned counsel appearing on behalf of the petitioner relied
upon the decisions of a Co-ordinate Bench of this Court in S.B.
Civil Writ Petition No. 17260/2019: Deepak Singh Khatana
Vs. State of Rajasthan & Ors. (decided on 24.08.2020) and
S.B. Civil Writ Petition No. 7615/2021: Virendra Pal Singh
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[2025:RJ-JD:55033] (3 of 5) [CW-24529/2025]
Chouhan Vs. State of Rajasthan & Ors. (decided on
17.08.2021).
6. As seen from the aforesaid decision in Deepak Singh
Khatana's case (supra), the Co-ordinate Bench of this Court
issued directions on the basis of the decision of the Hon'ble Apex
Court in the case of Mahendra Pratap Singh Vs. State of Uttar
Pradesh & Ors., reported in (2019) 13 SCC. The operative
portion of Mahendra Pratap Singh's case (supra) reads as
follows:
"2. The appellants are candidates who participated in the
selection process of Ranker Sub-Inspector conducted
during 2011. According to them, they were not physically
fit to participate in the physical efficiency test and yet they
were compelled to participate. It is further submitted that
for those who have not thus participated in the selection
on account of the physical illness, the Competent
Authority had issued a circular permitting them to
participate on a subsequent date. Therefore, it is
submitted that the candidates who have been compelled
to undergo physical efficiency test despite their illness
could not have been put in a worse condition.
3. Ms. Aishwarya Bhati, learned Additional Advocate
General, appearing for therespondents points out that the
State had taken a stand before the High Court that in the
case of those who have participated without any objection
could not be given a second chance.
4. We find from the penultimate paragraph of the
impugned judgment that the Division Bench of the High
Court has permitted for re-test in the case of those
candidates who had informed about the ailment on the
date of the physical efficiency test or earlier. The relevant
paragraph of the impugned judgment is extracted below:-
"In view of the aforesaid discussions, we find no
infirmity or illegality in the impugned judgment,
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which is hereby approved. However, it is
provided that in respect of Category III and
Category IV candidates, benefit of the above
judgment shall not be extended to the
candidates, who have not informed about the
ailment on the date of Physical Efficiency Test
or earlier."
5. In case, the appellants had actually informed prior to
the test or at the time of test regarding their ailment they
are otherwise protected by the High Court. Such of the
appellants are permitted to approach the competent
authority with supporting material, in which case the
needful in the light of the judgment as extracted herein
above will be done within another one month.
6. Therefore, no further orders are required in these
appeals. The appeals are, accordingly, disposed of. "
7. As seen from the above judgment of the Hon'ble Apex Court,
the Hon'ble Apex Court had given directions in the background of
a competent authority having issued a circular permitting
candidates who suffered from physical illness on the next
scheduled date or a subsequent date. This means that the
directions were issued in the backdrop of the recruiting agency
itself relaxing the condition of the schedule by permitting non-
participants due to illness on a subsequent date. In the present
case, such relaxation has not been permitted; the only relaxation
given is to women who are pregnant. The relaxation of conditions
in the advertisement requires a decision by the competent
authority so as to give permission to candidates who have missed
the Physical Efficiency and Measurement Test on the scheduled
date; such consideration should be limited to candidates who have
already made a representation or were present before the
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scheduled date of the Physical Efficiency and Measurement Test by
intimating the condition of the petitioner.
8. In the present case, there is no clear stand from the
Government as to whether relaxation can be extended to other
candidates sympathetically on account of their inability to
participate in the Physical Efficiency and Measurement Test due to
illness, particularly incapacity arising out of certain injuries.
9. This Court cannot supplant its own decision as to whether
such a candidate is required to be given such relaxation or not;
instead, the respondent authorities are required to take a
compassionate decision on whether such persons can be given one
more chance to participate in the subsequent Physical Efficiency
and Measurement Test, if any is freshly scheduled, along with the
pregnant women, if any. This Court, therefore, directs respondent
No.2, i.e. Inspector General of Police, Udaipur Range, Udaipur
(Chairman, Selection Board), to forward the representation of the
petitioner to the appropriate authority to take a decision on the
plea made by the petitioner.
10. The said decision shall be taken within a period of 15 days
from the date of receipt of this order.
11. In the result, the writ petition is disposed of with the
aforesaid directions.
(MUNNURI LAXMAN),J
214s-PoonamS/-
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