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2021 Supreme(Raj) 603

SANGEET LODHA, RAMESHWAR VYAS
State Of Rajasthan – Appellant
Versus
Dinesh Singh Bithu – Respondent


Advocates appeared:
Sandeep Shah, Advocate, Pratyushi Mehta, Advocate, Ganga Ram Bhari, Advocate

JUDGMENT

Sangeet Lodha, J. - This intra-Court appeal is directed against order dated 22.4.2019 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the respondent, challenging the action of the appellants herein in rejecting his candidature for appointment to the post of Constable, has been allowed.

2. The appeal is reported to be barred by limitation for 122 days. It is accompanied by an application under Section 5 of Limitation Act.

    The application seeking condonation of delay is not opposed by the counsel appearing for the respondent. Accordingly, the application is allowed. The delay in filing the appeal is condoned.

3. The facts relevant are that Director General of Police, Rajasthan issued an advertisement dated 25.05.2018 inviting applications for recruitment to the posts of Constable in different categories. The respondent applied for appointment on the post of Constable (General). Having cleared the written examination, the respondent was called for Physical Suitability Test/Physical Efficiency Test (PST/PET). Though, selected, the respondent was denied appointment inasmuch as, he was involved in a criminal case wherein he was acquitted but

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