BHAWANI SHANKER MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner had appeared in the competitive examination held by the Rajasthan Public Service Commission in terms of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962 (hereinafter called as the Rules) under Rule No. 401382. THE petitioner belongs to the Scheduled Caste category. He was placed on merit list No. 312 and was entitled to be appointed to the Rajasthan Police Services Category (RPS ). He was medically examined but was informed vide communication dated 2. 12. 1998 that he was un-fit for the post of R. P. S. due to sub-standard of Chest measurement. Copy of the communication is attached as Annexure-1. He made representation vide Annexure-2 and challenged the medical report of the Me-dical Board. He also submitted number of medical certificates issued by the Government doctors vide Annexures 3,4 and 5. He states that he is medically fit under Rule 14 of the Rajasthan Police Service Rules. THE petitioner was again got medically examined vide Annexure-6. It is stated that he was orally informed that he is temporarily unfit. THE petitioner, instead of in R. P. S. cadre was ultimately acc-ommodated in the Rajasthan Accounts Service vide Annexure-7. It is the case of the petitioner that he has not been properly medically examined so far as measurement of chest is concerned. THE petitioner submits vehemently that he fulfills the minimum requirement of chest measurement and he cannot be ignored for appointment in RPS.

(2.) THIS court on the submission of the petitioner had directed the Principal, S. M. S. Medical College to constitute a Board for medical examination of the petitio-ner and to submit its report vide its order dated 28. 1. 1999. A Board was constituted by the Principal, S. M. S. Medical College on the direction of this court and the Board has submitted its report which has been placed on record of the writ petition. The Board has reported that the Chest measurement of the petitioner is 79 cm. before expansion and 84 cm. after expansion. According to the parties the minimum requi-rement for Chest expansion is fulfilled as per the latest report of the Medical Board as constituted under the orders of this court.

(3.) EVEN a suggestion was made by the counsel for the petitioner that the petitioner can be examined in the court under the supervision of the court itself by any eminent Government doctors or Board of Doctors and such finding should be binding on the parties. The counsel for the respondent did not agrees to such suggestion.