ASHOK KUMAR MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner as a Scheduled Tribe (ST) candidate participated in the recruitment as Constable (GD) pursuant to the advertisement dated 25.05.2018. The recruitment was to be made under Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'the Rules of 1989') for 13,142 posts across various districts in the State of Rajasthan.

(2.) Having passed the written examination, the petitioner was required to appear at the Physical Standard Test (PST) under the Rules of 1989. The PST required of the candidates a minimum height of 168 cms and chest deflated at 81 cms and inflated at 86 cms. Rules of 1989 provide for certain relaxation for the reserved category candidates in the PST. Having passed the PST the petitioner was called for Physical Efficiency Test (PET) where in the 5 km race, he completed within the prescribed time. The petitioner states to have been declared successful but surprisingly despite a 60.250 mark, when the cut off for ST category for appointment as Constable in District Nagaur where the petitioner had applied was only is 52.875 mark.

(3.) The petitioner in the circumstances resorted to the Right to Information Act, 2005 and filed an application thereunder to find the reason for his non-selection as despite a higher mark than the cut off mark on which appointment to the post of Constable (GD) in the ST category in District Nagaur were made. The information on the application aforesaid on receipt indicated that the petitioner had not been appointed as Constable for reason of his being push down in the merit of ST candidates in the District Nagaur for reasons of purportedly having been purportedly granted relaxation in his chest requirement in terms of Rule 14(2) of the Rules of 1989 which entailed the petitioner being pushed down on the merit list despite his higher percentage below those who had passed the PST without any relaxation on physical standards requirements. The petitioner in the circumstances represented to the respondent-Police Department that his chest (inflated and deflated) was not properly measured at the PST or in any event the measurement of his chest (inflated and deflated) had not been properly recorded at the relevant time. The representation of the petitioner was of no avail. Hence this petition.