LAWS(RAJ)-2013-7-273

RAJVEER MEENA Vs. STATE OF RAJASTHAN & ORS.

Decided On July 15, 2013
Rajveer Meena Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) THE petitioner applied for the post of Constable where he was allowed to participate at all level of selection tests which includes written test and physical test. The petitioner secured higher marks than his counterparts yet denied appointment. The only reason given is regarding relaxation in height/chest being a reserve caste candidate. Learned counsel for petitioner submits that denial of appointment for the reasons given in Annexure -10 are not tenable. In view of the above, respondents may be directed to appoint the petitioner being a meritorious candidate.

(2.) I have considered the submission made and perused the record.

(3.) PERUSAL of para quoted above reveals that one is not entitled to the relaxation in physical test if eligible candidates of their own category are available. The petitioner has passed out physical test with relaxation. It was not permissible on availability of eligible candidates of his category. In view of the above, denial of appointment to the petitioner cannot be said to be illegal as he had not passed out physical test with required standard. The writ petition is found to be devoid of merit hence dismissed. Stay application is also dismissed.