DEEPAK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) At the outset, it may be noticed that Advocates have taken a call to abstain from judicial work and not to appear in Courts since 20/2/2023 onwards and today as well, no advocate for and on behalf of petitioner(s) has put in appearance, therefore, few of petitioners, who are present in person, have been heard. Since grievances of petitioner(s) in these writ petitions, are substantially similar, therefore, all these writ petitions have been considered on merits as per material available on record and are being decided by this common judgment.

(2.) It appears from record that petitioners having participated and qualified written examination of Rajasthan Police Constable Examination-2021, for appointment on the post of Constable in different categories, but could not appear/qualify the Physical Efficiency Test (hereinafter for short "PET") due to remaining absent being unfit on the scheduled date(s) for such test, because of suffering from either serious sickness or injury. And therefore, petitioners have preferred these writ petitions, praying for an another chance/opportunity for PET and to re-fix/reschedule dates for their PET and consequently, to consider their candidature for appointment on merits.

(3.) In support, petitioners have placed reliance on a judgment of Coordinate Bench of this Court dtd. 24/8/2020 passed in SB Civil Writ Petition No.17260/2019 titled Deepak Singh Khatana Vs. State of Rajasthan, wherein the Court, after placing reliance on a judgment of Hon'ble Supreme Court in case of Mahendra Pratap Singh Vs. State of Uttar Pradesh [(2019) 13 SCC 706], in somewhat similar facts and circumstances, in respect of recruitment for the post of Sub Inspector, pursuant to advertisement dtd. 5/10/2016, declared that since petitioner was suffering with dengue fever at the time of scheduled date of his Physical Efficiency Test, therefore, he deserved second chance to appear in PET/PST, and accordingly, directed respondents to re-conduct the PET/PST for the petitioner. It has also been stated by petitioners that since they have qualified the written examination and were eligible to appear for PET, however because of unwanted and unavoidable circumstances of suffering from serious sickness/injury, could not appear in the PET on the scheduled date(s), and it is not deliberate or negligent fault on part of petitioner(s), therefore, sympathetic view be taken in favour of petitioners and one more chance/opportunity to participate in the PET be accorded to petitioners, so that their candidature may be considered for appointment on merits in the present recruitment process-2021.