MURLI MANOHAR CHHANGANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner applied for the post of Forest Guard in pursuance of selection process commenced vide Notification dt. 23.09.2010. The petitioner secured 93% marks in the written test, but was declared unsuccessful in the physical test carried out. In the impugned order dt. 08.04.2011 (Annex. 5), the reason given by the respondent - Dy. Conservator of Forest Jaisalmer is that in the physical test, the petitioner was supposed to do 26 sit -ups. However, 23rd sit -up was not completed properly and therefore, his candidature was liable to he rejected. Aggrieved by this, the petitioner approached this Court by way of present writ petition. The respondents have filed reply to the writ petition and have contested this writ petition.

(2.) THIS Court after hearing both the learned counsels for the parties on 13.11.2013 had passed the following interim order directing the respondents to file additional affidavit in the matter:

(3.) THE learned counsel for the respondents, Mr. M.A. Siddiqui, also produced a Compact Disc (CD) having Video Recording of the said physical test exercise for perusal and satisfaction of the Court. The learned counsel for the respondents also submitted that all the posts have since bee filled up and after the present selection process of the year 2011, a fresh selection process has again been held in the year 2013 and even those posts have been filled up, no vacant posts exist for considering the case of the petitioner and there is no interim order granted in the present matter directing the respondents to keep one post vacant and he, therefore, prayed for dismissal of the writ petition.