DINESH KUMAR BARALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case of the petitioner is that he having passed the written examination for appointment to the post of Constable under the Rajasthan Police Subordinate Service Rules, 1989 (hereafter 'the Rules of 1989') held pursuant to the advertisement dtd. 25/5/2018, he was called for the Physical Standard Test (PST) and thereafter required to participate in the Physical Efficiency Test (PET) on 2/9/2018 at Jaipur which entailed running 5 kms within the prescribed time. The petitioner submits that at the time the PET under the Rules of 1989 was conducted on 2/9/2018 at Jaipur, the running track was muddied for reason of heavy rains which resulted in obstructing the petitioner's performance up-to-his potential and his resultant failure. It has been submitted that the petitioner should in the circumstances be given another opportunity as given to several candidates, who failed the PET at Kota also in the course of recruitment of Constables under the advertisement dtd. 25/5/2018 on 8/9/10/9/2018, vide order dtd. 27/11/2018 passed by the Principal seat of this Court at Jodhpur in the case of Revant Ram Meghwal and Others v. State of Rajasthan and Others and other connected matters, SBCWP No. 13731/2018.

(2.) Heard. Perused the petition. Considered.

(3.) Admittedly the petitioner's PET was held on 2/9/2018 at Shri Pratap Yadav Stadium, Chitrakoot, Jaipur. This petition has been filed on 2/1/2019 after an inordinate and unexplained delay of four months. There is nothing on record to show that any grievance as now agitated in this petition was set forth by the petitioner at the relevant time. Further the condition of the running track at the stadium in issue at the time relevant to PET is a question of fact which this Court would loath to address more so belatedly at this stage when the selection process has been largely completed and those appointed after success in the recruitment undergoing training for over the last two months. The issue with regard to the condition of track in the course of PET for recruitment of Constable in other Districts and Court's order thereon is of no event for the purpose of PET at Shri Pratap Yadav Stadium, Chitrakoot, Jaipur on 2/9/2018. There is nothing on record to even prima facie justify the petitioner's allegation, such as weather report with regard to alleged heavy rains at Jaipur on 2/9/2018. So too there is also nothing on record to establish that the running conditions of track at Jaipur on 2/9/2018 when the petitioner's PET was held, was not suitable for the test being held. Contrarily the presumption under Sec. 114 of the Evidence Act, 1872 as to regularity of official acts obtains against the petitioner.