Mahipal Garasia vs State Of Rajasthan (2026:Rj-Jd:16126)
2026 Latest Caselaw 5291 Raj

Rajasthan High Court - Jodhpur

Mahipal Garasia vs State Of Rajasthan (2026:Rj-Jd:16126) on 7 April, 2026

Author: Anand Sharma

Bench: Anand Sharma

[2026:RJ-JD:16126]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 2453/2026
Mahipal Garasia S/o Shri Viram Lal Garasia, Aged About 23
Years, R/o Vill. Chittrawas P.s. Sayara Tec. Gogunda, District-
Udaipur, Rajasthan- 313704.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through Principal Secretary, Home
         Department,       Government            Of     Rajasthan,     Secretariat,
         Jaipur.
2.       Director      General         Of       Police,        Rajasthan,    Police
         Headquarters, Lal Kothi, Jaipur.
3.       Inspector General Of Police (Recruitment And Promotion
         Board), Rajasthan, Police Headquarters, Jaipur.
4.       Chairman, Constable Recruitment Board-2025, Office Of
         Superintendent Of Police, Udaipur, Rajasthan.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Pradeep Singh khichi
For Respondent(s)           :     Mr. Ritu Raj Singh Bhati


             HON'BLE MR. JUSTICE ANAND SHARMA

Order

07/04/2026

1. This writ petition has been filed by the petitioner with the

following prayers:-

'A. That, the action of the respondents in excluding the petitioner from the final list of Constable Recruitment-2025 on the erroneous ground of "PST Pass with Relaxation," despite the petitioner having met all prescribed standards without availing any relaxation shall be quashed and set aside. B. That, in view of 2022 result"passed without Relaxation", the height of the petitioner must be considered 168 cm and direct the respondents to include the petitioner's name in the final selection

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list for Constable Recruitment-2025 against the ST(TSP) category seats of Udaipur District, and to treat him as duly qualified in the Physical Standards Test.

C. That, the Hon'ble Court may direct the respondents to issue appointment orders to the petitioner with all consequential benefits, including seniority, continuity of service, and arrears of pay, as if he had been appointed along with other selected candidates.

D. Any other order or direction which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.

2. It is stated by learned counsel for the petitioner that

petitioner is participating in the recruitment process for the post of

Constable initiated vide notification dated 09.04.2025 issued by

the Office of Director General of Police, Jaipur, Rajasthan. As per

the physicals standards prescribed in the advertisement an

incumbent must possess at-least 168 cms of height in addition to

possess the requisite educational qualification.

3. As per the scheme of examination, it was to be carried out in

two phases, in the first phase, written examination was to be

conducted through objective types questions carrying maximum

150 marks and the qualified candidates, as per the guidelines

were required to clear physical efficiency test and physical

standard test. Those qualifying the PST are further required to

compete in physical efficiency test.

4. In the instant case, the petitioner come out with the

grievance that although the petitioner qualified in the written

examination, yet while conducting physical standard test, the

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candidature of the petitioner was rejected on the ground that

height of the petitioner was allegedly 167.06 cms., which was less

than the prescribed parameters.

5. When the petitioner approached this court, the Co-ordinate

Bench of this Court dated 05.03.2026 directed for re-medical

examination of the petitioner qua his height to the Medical Board

of AIIMS, Jodhpur. Report of the Medical Board was to be placed

before this Court.

6. Today, learned counsel appearing for the respondents

submitted the report in a sealed cover and on opening the same,

it reflected that the Medical Board, after re-examining the

petitioner, has found that height of the petitioner is 168.3 cms,

which is admittedly more than the prescribed parameters under

the rules as well as advertisement. Learned counsel for the

petitioner submits that since the petitioner is possessing the

requisite height therefore, rejection of the candidature of the

petitioner was on erroneous grounds and hence, the petitioner has

been deprived of his legitimate right of participating in the

recruitment process and of getting appointment on being

successful.

7 Learned counsel for the respondents vehemently opposed

the writ petition and submitted that the respondent-department

has its own parameters and method of measuring height, and as

per the guidelines when height of the petitioner was measured, it

was found that the petitioner was possessing less than the

prescribed height. Learned counsel further submits that the

respondents have concluded the recruitment process and selected

candidates has already been given appointment. Therefore, at this

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stage, no interference whatsoever can be made by this Court and

the same may be dismissed.

8. Heard learned counsel for the parties and perused the

record.

9. The petitioner is aggrieved by rejection of his candidature on

account of alleged less height than the prescribed parameters as

stated hereinabove. In compliance of order dated 05.03.2026; the

petitioner was sent for re-examination qua his height and as per

report of Medical Board of AIIMS, Jodhpur sent along with letter

dated 24.03.2026, it has come out that height of the petitioner is

168.3 cms. which is more than prescribed height of 168 cms.

10. The report of the Medical Board of AIIMS, Jodhpur vide letter

dated 24.03.2026 is taken on record.

11. Thus, it is clear that petitioner is victim of wrong

measurement of height and his candidature was not considered

only on account of erroneous method adopted by the respondents

for measurement of height.

12. All India Institute of Medical Sciences, Jodhpur where the

petitioner was re-examined in compliance of order of this Court is

a reputed government medical institution and there is no reason

to disbelieve the report given by the Medical Board, AIIMS,

Jodhpur. The contention of learned counsel of the respondents

that since, during the pendency of the writ petition, the

respondents have completed the recruitment process, claim of the

petitioner cannot be considered even if he is found to possess the

requisite height, is wholly misconceived and is hereby rejected.

13. In case, if the contention is accepted, it would cause grave

injustice to the petitioner, who despite possessing sufficient marks

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in the competitive examination, has been made victim of wrongful

method of height measurement by the respondents. The writ

jurisdiction under Article 226 of the Constitution of India is an

equitable jurisdiction and if it has come out before this Court that

for no fault of his own, the petitioner has been deprived of his

legitimate right and has further been deprived of consideration for

appointment, therefore, this Court cannot remain silent spectator

and rather is bound to exercise its extra-ordinary jurisdiction to

redress the grievances of the petitioner.

14. In view of above, this Court deems it just and proper to allow

this writ petition and exclusion of petitioner from final selection list

of Constable Recruitment-2025 is hereby declared illegal. The

respondents are directed to proceed further treating height of the

petitioner more than 168 cms. as measured by AIIMS, Jodhpur, in

compliance of the direction given by Co-ordinate Bench of this

Court and upon consideration, in case, the petitioner secures

proper place in merit after undergoing the further steps of

recruitment, the respondents shall issue an appointment order in

favour of the petitioner. In case, need so arises, the respondents

are also directed to create supernumerary post for the petitioner.

15. The necessary exercise shall be conducted within a period of

six weeks from the date of receipt of certified copy of this order.

16. Pending application(s), if any, shall stand(s) disposed of.

(ANAND SHARMA),J 91-Taruna/-

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