ASHOK KUMAR JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner applied for recruitment as Constable in District Dausa under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'Rules of 1989'), pursuant to an advertisement dtd. 25/5/2018. Having passed the written examination he was required to participate in the Physical Standard Test (PST) and Physical Efficiency Test (PET) on 30/8/2018 at Vidhyadhar Nagar Stadium, Vidyadhar Nagar, Jaipur. It has been submitted that the petitioner's admit card for PST/PET was downloaded only on 25/8/2018 for reason of which the petitioner, a resident of a village in Tehsil Shahpura at a distance of about 60 Kms. from Jaipur, could not conveniently make himself available for PST/PET on 30/8/2018. This for reason that downloading of the admit card within time was obstructed as the petitioner was a resident of a rural area, where efficient and speedy internet facility was not available. In the circumstances the petitioner's performance at the PET at Vidhyadhar Nagar Stadium, Vidyadhar Nagar, Jaipur which entailed running a 5 km race in 25 minutes was sub-par and he could not qualify, hence was denied appointment as Constable. It has been prayed that in the circumstances a second opportunity be allowed in the interest of justice to the petitioner to participate in the PET afresh and be considered for appointment based on his performance therein.

(2.) Mr. HC Kandpal, Assistant Government Counsel submitted that admit cards of the candidates for participating in PST/PET for District Dausa at the stadium in Jaipur were uploaded on 24/8/2018 and PST/PET was to commence on 29/8/2018 i.e. after a clear five day gap. Aside of the petitioner, other candidates across the State of Rajasthan who applied for the post of Constable in District Dausa and had passed the written examination also had their admit cards uploaded on 24/8/2018 on the Rajasthan Police Department's website, as was indicated in the conditions of the advertisement dtd. 25/5/2018 under which the recruitment was being made. They thereupon appear to have easily downloaded their admit cards with ease and participated in the PET at Vidhyadhar Nagar Stadium, Vidyadhar Nagar, Jaipur from 29/8/2018. The petitioner himself also so did without demur. No grievance of the alleged short period between the downloading of the admit card for reason of inefficient internet services and holding of the PST/PET was then made by the petitioner. There is also nothing in law or in the conditions of the advertisement dtd. 25/5/2018 which entitled the petitioner to notice of more than one clear day for the conduct of his PET. After not having objected at the relevant time, if at all the petitioner could, he took his chance and thereafter having failed, has belatedly approached this Court only on 5/12/2018 i.e. after a delay of over two and half months from the date of PET in which he failed. The delay in approaching this court is unexplained and infact indicates that the case set up by the petitioner is a mere afterthought/with an cynical intent to misuse the discretionary jurisdiction of this court. That cannot be countenanced by the court. Further, appointments as Constable in District Dausa of those who participated in PST/PET at Vidhyadhar Nagar Stadium, Vidyadhar Nagar, Jaipur on due date/s successfully have already been made and they are presently in training for over the last two months.

(3.) Heard. Considered.