LAWS(RAJ)-2019-8-32

DEEPAK BAGHERWAL Vs. STATE OF RAJASTHAN

Decided On August 06, 2019
Deepak Bagherwal Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The controversy involved in the present batch of writ petitions is with respect to conduct of Physical Efficiency Test as the petitioners are said to be deprived from participating due to heavy rain and mud on the ground.

(2.) Learned counsel for the petitioners submitted that the petitioners' case is covered by decision rendered by Division Bench at Principal at Jodhpur in D.B. Special Appeal (Writ) No.1907/2018 (Ravi Kumar Khateek Versus The State of Rajasthan and Ors.) and other connected Special Appeals decided by common order dated 30.01.2019.

(3.) Learned counsel Mr. Harshal Tholia appearing for the respondents-State submits that after decision of Ravi Kumar Khateek (supra) by the Division Bench, another Division Bench at Principal Seat at Jodhpur vide order dated 22.05.2019 in D.B. Special Appeal (Writ) No.154/2019 (Shravan Kumar Choudhary Versus The State of Rajasthan & Ors.) and Division Bench of this Court vide order dated 27.05.2019 in Dharmendra Singh Gocher versus State of Rajasthan & Ors. (D.B. Special Appeal (Writ) No.310/2019 and other connected Special Appeals, have taken into account the order passed by another Division Bench in the case of Ravi Kumar Khateek (supra) and the Division Bench has declined to hold fresh re-test. Counsel submitted that no direction is required as per subsequent decision given by the Division Bench and as such prays for dismissal of present batch of writ petitions.