Rajasthan High Court
CW/27432/2018 of YOGENDRA SINGH S/O SHRI RAJVIR SINGH Vs THE STATE OF RAJASTHAN on 21 December 2018
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.27432/2018 Yogendra Singh S/o Shri Rajvir Singh, Aged About 21 Years, R/o Village Karoli, Post Garu, Tehsil Kathumar, District Alwar, Rajasthan ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary (Home),
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.27432/2018
Yogendra Singh S/o Shri Rajvir Singh, Aged About 21 Years, R/oVillage Karoli, Post Garu, Tehsil Kathumar, District Alwar,Rajasthan
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary (Home),Ministry Of Home Affairs, Govt Of Rajasthan, GovernmentSecretariat, Rajasthan, JaipurMinistry Of Home Affairs, Govt Of Rajasthan, GovernmentSecretariat, Rajasthan, Jaipur
2. The Director General Of Police, Police Headquarter, TonkRoad, JaipurRoad, Jaipur
3. The Inspector General Of Police (Recruitment), Rajasthan,JaipurJaipur
4. The Superintendent Of Police, Kota City, Kota
----Respondents
For Petitioner(s)
For Respondent(s)
: Mr.Rajeev Soggarwal
: Mr.H.C. Kandpal, Assistant Govt. Counsel. Counsel.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
21/12/2018
The case of the petitioner is that he having passed the written examination for appointment to the post of Constableunder the Rajasthan Police Subordinate Service Rules, 1989
(hereafter ‘the Rules of 1989’) held pursuant to the advertisementdated 25.5.2018, was called for the Physical Standard Test (PST)
Page 1 of 2
and thereafter required to participate in the Physical Efficiency Test (PET) which entailed running of 5 kms within prescribed time.
It has been submitted that the petitioner’s PET was conducted atKota on 9.9.2018 when however for reasons of heavy rains andthe resultant muddy track, he was not able to perform up-to-hispotential. It has been submitted that a similar issue came upbefore the Principal Seat of this Court at Jodhpur in the case of Revant Ram Meghwal & Others vs. State of Rajasthan &Others and other connected matters, SBCWP No.13731/2018where vide its order dated 27.11.2018 the Court held that as thePET at Kota on 8/9/10.9.2018 was unfair vitiated by adverseweather conditions owing which the candidates weredisadvantaged. They therefore deserved another chance toparticipate afresh in the PET for evaluation of their physicalefficiency as per their prescribed norms. It has been submittedthat placed similarly the petitioner is entitled to a similar directionon the principle of parity and comity of courts.
Mr.H.C. Kandpal, Assistant Govt. Counsel forrespondent- Police Department fairly concedes that the case of thepetitioner in respect of his PET at Kota on 9.9.2018 is fully coveredby the order dated 27.11.2018 in the case of Revant RamMeghwal & Others (supra).
Resultantly this petition is accordingly allowed in terms of the order dated 27.11.2018 passed in the case of Revant Ram Meghwal (supra). The said order shall apply mutatis mutandis tothe petitioner’s case. It is directed that the petitioner be allowed to participate in the PET afresh for evaluation of his merit along with his merit on other parameters for appointment as Constable as applied for.
The fresh PET as directed qua the petitioner be conducted within a period of six weeks from today.
Himanshu/104
(ALOK SHARMA), J
Page 2 of 2
Loading citations and judicial treatment…