MAHENDRA SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a direction to the respondents to conduct the Physical Test of the petitioner once again and if found eligible and in merit, he may be appointed on the post of Constable (General) pursuant to the advertisement dated 25/5/2018.

(2.) It is inter alia indicated in the writ petition that pursuant to the advertisement dated 25/5/2018 (Annex.1), the petitioner applied for the post of Constable (General), he passed the written examination and was called for Physical Standard Test (PST)/Physical Efficiency Test (PET) on 13/9/2018, the petitioner participated in the PST, which he cleared and thereafter, he participated in PET, which comprised of 5 km. running, which the candidates are required to complete maximum within 25 minutes and marks are allotted based on the time taken by the candidates. It was submitted that the said PET was conducted in four phases during the day, while the first phase was conducted in early morning, the other phases were conducted subsequently. It is alleged that phases 2 to 4 were conducted in increased heat and the last phase was conducted at about 2:00 pm.

(3.) Submissions have been made that percentage of success in phase 1 was higher and in the last phase the same was lowest. It is alleged that the holding of examination in different phases leads to discrimination between various incumbents as they have different climate/varying heat during different phases and, therefore, action of the respondents in this regard deserves to be set aside. Submissions have been made that the petitioner was allowed running in third phase and it is claimed that if he was allowed to run in first phase, he would have cleared the test.