LAWS(RAJ)-2024-3-101

RADHESHYAM MEENA Vs. STATE OF RAJASTHAN

Decided On March 04, 2024
Radheshyam Meena Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The brief facts of the case are that the respondent- Office of Director General of Police, Rajasthan, Jaipur issued an advertisement dtd. 25/5/2018, inviting online application forms from the eligible candidates for recruitment to the posts of Constable General/ Operator/Band/ Driver/ Horse Rider & Dog Squad etc. The petitioner being eligible candidate submitted his online application form. He belongs to Scheduled Tribe Category. He appeared in the written examination and was declared successful. He was called for the Physical Efficiency Test and Physical Standard Test (in short 'PET/PST Test) on a given date. He appeared for the PET/PST Test on the scheduled date and was declared passed.

(2.) It is the case of the petitioner that even though he was declared passed in PET/PST Test and secured marks higher than the cut off marks in his category but he has not been given appointment because of the reason that he is not having the requisite height.

(3.) The petitioner aggrieved with illegal actions of the respondents in not measuring his proper height, preferred a writ petition bearing S.B. Civil Writ Petition No.26918/2018. The Coordinate Bench of this Court vide order dtd. 18/1/2019 directed the Superintendent, SMS Medical College & Hospital, Jaipur to constitute a three member medical board on or before 21/1/2019. The Court further directed that the said Medical Board shall then physically examine the petitioner on his height parameters on 22/1/2019. The petitioner was directed to report for the purpose to the Superintendent, SMS Medical College & Hospital, Jaipur on 22/1/2019 at 10:00 AM. The Court directed the Medical Board to submit the report before the Court on or before 24/1/2019. In compliance of the directions issued by the Court, the height of the petitioner was measured which was found to 168.5 cm by the Medical Board. The Coordinate Bench of this Court vide order dtd. 23/5/2022 allowed the aforementioned writ petition and the respondents were directed to consider the case of the petitioner for appointment on the post of Constable General Non TSP as per his merit and category within a period of three months and further observed that the petitioner will be entitled for all notional benefits.