NARESH NIGAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Invoking the jurisdiction under Article 226 of the Constitution of India, the petitioner has prayed for quashment of the order dated 23-10- 2010, passed by the respondent no.4, whereby the petitioner has been declared disqualified for the post of Forest Guard on the ground that he failed to clear qualifying walk in physical test as he took 5.05 hours to complete walk of 25 kms. whereas the said distance was to be completed within the prescribed time of 4 hours. In the impugned order, the authority has made reference of Rule 6(4) of M.P. Civil Services (General Conditions of Service) Rules, 1961 and Rule 8(3) (a) of M.P. Class III (Non-Ministerial) Forest Services Recruitment Rules,2000 (hereinafter referred to as Rules, 2000).

(2.) Initially the petitioner challenged the constitutional validity of the provisions of Rule 8(3)(b) of Rules, 2000 but on 02-01-2014, counsel for the petitioner stated that he is not pressing the prayer for Clause 7(i) challenging the validity of Rule 8(3)(b) of Rules, 2000, therefore, as a consequence, the said prayer was deleted.

(3.) The contention of the petitioner is that he is already working in the department on daily wages as a labour, therefore, he should have been given another chance for physical test as there is a provision for providing second physical test in the Recruitment Rules and Regulations of Indian Forest Service. It is also contended that the requirement of walking on 25 kms. in 4 hours is for the candidates who are appearing for direct recruitment and not to the candidates who are already working in the department.