KIRAN SINGH 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 she 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.) Mr.H.C. Kandpal 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, she can have no cause to agitate an alleged contravention of her legal right before this court. Mr.H.C. Kandpal further submitted that a similar issue came up before the Principal Seat at Jodhpur in the case of Ved Prakash Versus State of Rajasthan and 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."

(3.) Indeed instruction no.xiii of the advertisement dated 25.05.2018 provided that all candidates seeking appointment as Constable would be obliged to keep abreast of information uploaded on the website of Police Department with regard to the process/progress in the recruitment. That instruction of the advertisement is not under challenge before this court. Consequently in determining the issue agitated by the petitioner the aforesaid instruction will have to be taken into consideration. The facts of the case on record indicate that following the declaration of the result of the written examination the admit cards of those eligible to participate in the PST/PET for consideration for appointment in the unit of Hadirani Battalion, District Ajmer were uploaded on 4.9.2018. The PST/PET was to commence on 7.9.2018. There was a clear gap of three days within which the admit card could be downloaded by the successful candidates for participating in the PST/PET at the notified place/ time.