STATE OF RAJASTHAN Vs. MAHENDRA CHOUDHARY

JUDGEMENT

(1.) This Court has heard the appeal, finally, with consent of counsel for the parties.

(2.) The State has preferred this appeal, aggrieved by the judgment and order of a learned Single Judge, who directed the conduct of a second or "re-test"? to determine physical fitness (known as PET) for the purpose of selection to the post of Police Constable.

(3.) The learned Single Judge cited Revant Ram Meghwal v State of Rajasthan [SBCWP 13731/2018] and connected batch of cases, decided by a Single Judge on 27-11-2018 and allowed the respondent-writ petitioner's plea that the weather conditions prevailing when the PET was held for them were inconducive for proper testing as a result of which, they were arbitrarily denied a fair opportunity to compete. The Single Judge had relied on data, produced by the State, to hold that according to the facts, the track (on which candidates were asked to run for 5 kms) was muddy because of rains, which impeded a fair chance. Therefore, the impugned order directed a fresh test or a re-test to evaluate the petitioner's fitness and endurance.