MAHESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Court in earlier writ petition No. 4856/1997 instituted by the petitioner directed on December 4, 1997, as under- " (i) The petitioner shall appear before the Director, Police Tele-Communication, Ghat Gate, Jaipur on 8. 12. 1997 and the requisition shall be given to him by hand. The petitioner shall hand over the requisition to the Superintendent of SMS Hospital who in turn shall constitute a Medical Board within three days and the date of examination shall be notified to the petitioner immediately on getting the requisition. (ii ). The Medical Board shall examine/ verify the chest measurement of the petitioner and send its report to the Director, Police Tele-Com-munication, Ghat Gate, Jaipur, within a week from the date of examination. (iii ). After getting the medical report, the Selection Board shall proceed further and process candidature of the petitioner and if he is found to be eligible as per the medical examination and is selected as per his merit, necessary orders shall be passed for his appointment in accordance with law. "

(2.) IN pursuance to the aforesaid directions a letter was issued from the office of the Director Police (Telecom) Rajasthan Jaipur wherein the Superintendent was asked to constitute a Medical Board for physical examination of three persons inc-luding the petitioner. The Medical Board was accordingly constituted under the Chairmanship of Professor and Head of the Department with two Members and the petitioner appeared before the Medical Board for the post of Police INspector (Tele-communication) in Rajasthan Police Subordinate Service. As per the report of the Medical Board, the height of the petitioner without shoes was found to be 182 cms. and the petitioner's girth of chest was found to be 86 cms. after full inspiration and 81 cms after full expiration. The Member Secretary of the Selection Committee issued a letter dated 18. 3. 1998 to the petitioner wherein he was asked to be present himself in Rajasthan Police Academy Nehru Nagar, Jaipur on March 31, 1998 at 9. 00 a. m. in the Stadium premises for physical fitness examination and interview for the post of Police INspector (Tele-communication ). On March 31, 1998 the time which was given to the petitioner for completing 2. 4. kms. run was 9 to 10 and half minutes and the petitioner could not cover the said run of 2. 4 kms. in the prescribed time, therefore, his candidature for the post of Police INspector (Tele-communication) was rejected.

(3.) RULE 14 of the RULEs of 1989 is also relevant which runs as under:- " 14 Physical Fitness.- (1) A candidate for direct recruitment of the Service must be in good mental and bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his duties as a member of Service and if selected must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The Appointing Authority may dispense with production of such certificate in the case of a candidate promoted in the regular line of promotion or who is already serving in connection with the affairs of the State, if he has already been medically examined for the previous appointment and the essential standards of medical examination of the two posts held by him are to be comparable for efficient performance of duties of the new post and his age not reduced his efficiency for the purpose. (2) Except in the case of women candidates, no candidate, who is less than 168 cms. in height and whose deflated chest measurement is less than 81 cms. and inflated less than 86 cms. shall be deemed to be physically fit: Provided that - (i) The minimum height of the candidates belonging to the Hill and the Tribal areas shall not be less than 160 cms. and their deflated and inflated chest should not be less than 79 and 84 cms. respectively. (ii) The height and weight of women candidates may not be less than 152 cms. and 47. 5. kgs. respectively. (iii ). Candidates belonging to the Scheduled Castes and Scheduled Tribes whose height and chest measurements are less by 5 cms shall be deemed to be physically fit in case requisite number of suitable SC/st candidates possessing physical fitness standards as laid down in RULE 14 (2) are not available. "