STATE OF RAJASTHAN Vs. MALDEV DEWASI

JUDGEMENT

(1.) Complaining of arbitrariness, these unsuccessful candidates for the post of Police Constable approached the Court under Article 226 of the Constitution of India. The principal argument on their behalf was that although they have cleared the written test and also fulfilled the physical parameters, they were given extremely a short notice or intimation for appearing in the Physical Standard Test (hereafter referred as "PST"?) and Physical Efficiency Test (hereafter referred as "PET"?) which involved inter-alia 5 km. run. The learned Single Judge accepted the petitioners' contention and directed the respondents to conduct a re-test. The State of Rajasthan, aggrieved by that decision is in appeal before this Court.

(2.) The essential facts are that the writ-petitioners/respondents cleared the written test. They were informed at the stage of their having qualified in the written test that the date for their PET and PST would be intimated subsequently at the web- portal of the State. The result of the written test was declared on 30.8.2018 and the State uploaded the admit cards in respect of successful candidates on 4.9.2018 at 6.00 PM. The successful candidates, including the writ-petitioners, were asked to appear for the PST/PET at 6.00 AM the following morning on 05.09.2018. It is not in dispute that they reached the venue where the PST/PET was held but were declared unsuccessful in the PET, because they could not complete the run within the prescribed time.

(3.) The argument made on behalf of the writ petitioners, which found favour with single judge was that in somewhat similar circumstances a communication dated 7.9.2018 was addressed by the Commissioner of Police, Jodhpur (Chairman of the Selection Board) to the Superintendent of Police, Jalore, Pali and Sirohi, requiring a re-test, since several candidates could not appear on account of certain technical reasons which resulted in the later uploading of their admit cards at the Police Department's website. The denial of their opportunity impelled the state to grant another opportunity.