GIRDHARI LAL BUGALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By advertisement dated 2.3.2009 the Rajasthan Service Commission, Ajmer invited implications invited applications from eligible candidates to be considered for appointments against 21 posts of Sub-Inspector (Armed Police) and 12 posts of Platoon Commander from among the Ex-service personnel. The recruitment was to be made as per the provisions of the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 (hereinafter referred to as "the Rules of 1988"). The petitioner submitted an application in pursuant to the advertisement referred above. As per the scheme of the selection process the petitioner appeared in written test and was declared qualified. He then was called to face physical efficiency test under a communication dated 14.2.2011. The physical test was conducted, however, the petitioner failed to stand in merit pertaining to the physical test. The grievance of the petitioner in this petition for writ is that the process of selection was required to be made by the respondents as per the Rules of 1988 wherein the physical Fitness is required to be examined as per Rule 8 and not by any other mode. Rule 8 of the Rules of 1988 provides that a candidate for direct recruitment to the service, must be in a good mental and bodily health and free from any mental and physical defect likely to interfere with the efficient performance of his duties as member of the service and if settled must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The petitioner, as per learned counsel, possess requisite physical fitness as per Rule 8 of the Rules of 1988.

(2.) Reply to the writ petition has been filed by the Rajasthan Public Service Commission as well as by the State of Rajasthan. According to the Governments contained in reply to the writ petition preferred by the State of Rajasthan, recruitment to the post of Sub Inspector/Platoon Commander are governed by the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter referred to as "the Rules of 1989") and the procedure prescribed therein was adhered while making selections under advertisement dated 2.3.2009. The stand of the Rajasthan Public Service Commission is that though under the advertisement dated 2.3.2009 process of selection was initiated as per Rules of 1988, however, the State of Rajasthan vide communication dated 29.1.2010 (Annex. R/2/2) clarified that the procedure prescribed under the Rules of 1989 was to be adhered while considering candidature of the aspirants for recruitment.

(3.) A rejoinder has been filed on behalf of the petitioner mainly reiterating whatever already urged in petition for writ.