HARISH KUMAR MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner having applied for appointment to the post of Constable under Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') pursuant to the advertisement dtd. 25/5/2018 passed the written examination and then successfully went through the next stages of Physical Standard Test (for short, 'PST') and Physical Efficiency Test (for short, 'PET'). Yet he was not appointed. A combined select list of the candidates for being appointed as Constables in Commissionerate, Jaipur was published on the Police Department's website, by which the petitioner found that despite a higher aggregate mark 50.25, he was not appointed as a Constable (General) in Scheduled Tribe category even while those having lesser marks than the petitioner in ST male category were so appointed. The petitioner, in the circumstance approached this Court by way of the present writ petition.

(2.) Vide interim order dtd. 25/1/2019, this Court on the facts before it directed that petitioner's Physical Standard Test with reference to his height and chest measurements, be conducted by a Medical Board of three Doctors constituted by the Superintendent, SMS Medical College and Hospital, Jaipur. The petitioner was resultantly put through the Medical Board examination on 1/2/2019. The report of the Physical Examination of the petitioner by the Medical Board aforesaid has been received by this Court. Therefrom it is evident that the petitioner's height is 179.5 Cms. and his normal chest (deflated) is 82 Cms. and when inflated 88 Cms.

(3.) Reply to the writ petition has been filed. It has been submitted that at the time of PST, petitioner's normal chest was 77.1 Cms. whereas as per requirement the chest (deflated) ought to have been 81 Cms. In this view of the matter, the petitioner was allowed to participate in PET only after relaxation in PST. The petitioner himself signed the sheet, wherein it was mentioned that the petitioner qualified PST with relaxation. It has also been submitted that in note (1) of condition No. 8 (viii) of the advertisement dtd. 25/5/2018, it was categorically mentioned that in the event of non availability of SC/ST category candidates according to the prescribed physical standards, they would be entitled to 5 Cms. relaxation in height and chest. Since the candidates of requisite height and chest were available (without relaxation), therefore, under Rule 14(2) of the Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') the candidature of petitioner who qualified PST with relaxation was not considered for appointment albeit he had secured an aggregate mark in the category higher than the mark of those appointed as such candidates had not availed relaxation in the PST.