HAWA SINGH GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner applied for recruitment as Constable under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'Rules of 1989'), pursuant to the advertisement dated 25.05.2018. Having passed the written examination he was required to participate in the Physical Standard Test (PST) and Physical Efficiency Test (PET) on the date notified on the Police Department's website indicated in the advertisement.

(2.) The case of the petitioner is that despite having passed the written examination, he could not be informed about the date of participation in PST/PET for reason of which he lost out his lawful opportunity to be considered for appointment to the post of Constable in the unit of District Jaipur Rural.

(3.) Dr.Vibhuti Bhushan Sharma, AAG appearing for the respondents submitted that instruction no.xiii in the advertisement dated 25.05.2018 provided that " HkrhZ izfØ;k ls lEcfU/kr LFkkbZ vkns"k la[;k&12@2018] 13@2018 fnukad 22-05-2018 ,oa foKfIr foHkkx dh csclkbZV www.recruitment2.rajasthan.gov.in / www.police.rajasthan.gov.in ij miyC/k gSA HkrhZ ds lEcU/k esa le;≤ ij tkjh lwpuk Hkh osclkbV ij miyC/k djkbZ tk,xhA" (as emphasized by Dr.V.B. Sharma) Dr.V.B. Sharma submitted that the above instruction clearly provided that all information pertaining to recruitment of Constables in the recruitment of 2018 from time to time would be made available on the website of the Police Department. He submitted that admit cards of the successful candidates in the written examination in respect of unit Jaipur District Rural were uploaded on the designated website on 24.8.2018 while the PST/PET for District Jaipur Rural were commenced on 28.8.2018 - a clear 4 (four) days later. The petitioner ought to have been vigilant, kept track of the Police Department website and been informed well in time of the PST/ PET date. Dr.V.B. Sharma, submitted that if inspite of the information of the dates of PST/PET in various districts being uploaded on the website of the Police Department as provided for in the instructions in the advertisement dated 25.05.2018, the petitioner was remiss and lethargic and failed to download the requisite information timely and for this reason was unable to appear for the PST/PET on the due date, he can have no cause to agitate an alleged contravention of his legal right before this court. Dr.V.B. Sharma further submitted that a similar issue came up before the Principal Seat at Jodhpur in the case of Ved Prakash Versus State of Rajasthan & Others, SBCWP No.18065/2018 decided on 27.11.2018. Therein while dismissing the petition the court held that as the requisite information with regard to the holding of PST/PET was uploaded on the website of the Police Department as indicated in instruction no.xiii of the advertisement dated 25.05.2018, the respondent-Police Department could not be held responsible for the failure of the petitioners to keep abreast with the available information as to the dates of the PST/PET and be directed to provide another opportunity for PST/PET to the petitioners who had failed to act in accordance with instructions for the recruitment process. The court held that the delay in downloading of information in time wholly attributable to a candidate could not be a ground for interference as directed for another chance as "the petitioners cannot be heard to seek a specific personal information in this regard from the respondents."