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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA, J.
Radheshyam Meena S/o Dhamoli Meena – Appellant
Versus
The State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 12854 of 2022
Decided on : 04-03-2024
Height Measurement - Recruitment Dispute - Right of Information Act, 2005 - [Right of Information Act, 2005, Section 6(1)]
Fact of the Case:
The petitioner, a Scheduled Tribe candidate, was declared successful in the Physical Efficiency Test and Physical Standard Test (PET/PST) for a constable recruitment, but was denied appointment due to allegedly not meeting the height requirement. The petitioner filed a writ petition seeking appointment and a fresh physical examination.
Finding of the Court:
The court found discrepancies in the measurement of the petitioner's height and chest expansion by the respondents. It held that the petitioner was entitled to appointment as a Constable General Non TSP and all consequential benefits.
Issues: Discrepancies in physical measurement, denial of appointment, and the petitioner's entitlement to a fresh physical examination and appointment.
Ratio Decidendi: The court emphasized the importance of accurate physical measurements in recruitment processes and upheld the petitioner's right to a fair assessment of physical standards. It also highlighted the obligation of the respondents to provide clear information to candidates regarding relaxation criteria and the right to appeal.
Final Decision: The writ petition was allowed, and the petitioner was declared successful in the PST without any relaxation. The respondents were directed to consider the petitioner for appointment as a Constable General Non TSP and provide all consequential benefits within two months.
ORDER :
1. The brief facts of the case are that the respondent- Office of Director General of Police, Rajasthan, Jaipur issued an advertisement dated 25.05.2018, inviting online application forms from the eligible candidates for recruitment to the posts of Constable General/Operator/Band/Driver/Horse Rider & Dog Squad etc. The petitioner being eligible candidate submitted his online application form. He belongs to Scheduled Tribe Category. He appeared in the written examination and was declared successful. He was called for the Physical Efficiency Test and Physical Standard Test (in short ‘PET/PST Test) on a given date. He appeared for the PET/PST Test on the scheduled date and was declared passed.
2. It is the case of the petitioner that even though he was declared passed in PET/PST Test and secured marks higher than the cut off marks in his category but he has not been given appointment because of the reason that he is not having the requisite height.
3. The petitioner aggrieved with illegal actions of the respondents in not measuring his proper height, preferred a writ petition bearing S.B. Civil Writ Petition No.26918/2018. The Coordinate Bench of this Court vide order dated 18.1.2019 directed the Superintendent, SMS Medical College & Hospital, Jaipur to constitute a three member medical board on or before 21.1.2019. The Court further directed that the said Medical Board shall then physically examine the petitioner on his height parameters on 22.1.2019. The petitioner was directed to report for the purpose to the Superintendent, SMS Medical College & Hospital, Jaipur on 22.1.2019 at 10:00 AM. The Court directed the Medical Board to submit the report before the Court on or before 24.01.2019. In compliance of the directions issued by the Court, the height of the petitioner was measured which was found to 168.5 cm by the Medical Board. The Coordinate Bench of this Court vide order dated 23.05.2022 allowed the aforementioned writ petition and the respondents were directed to consider the case of the petitioner for appointment on the post of Constable General Non TSP as per his merit and category within a period of three months and further observed that the petitioner will be entitled for all notional benefits.
4. It is further the case of the petitioner that earlier he sought information under the Right of Information Act, 2005 seeking information that whey he has been deprived for selection. By way of letter dated 17.10.2019, it was informed to the petitioner that he has already taken relaxation in the height/chest process under ST Category, therefore, he cannot be selected. The petitioner aggrieved with the above action of the respondents has preferred instant writ petition before this Court praying therein to direct the respondents to give appointment to him on the post of Constable General Non TSP with all consequential benefits and also prayed to issue directions to the respondents to call the petitioner for fresh Physical Examination and also prayed to make his Chest Measurement through qualified doctors of SMS Hospital, Jaipur or AIIMS Hospital at Jodhpur.
5. The Coordinate Bench of this Court on 16.12.2022 passed an interim order by which the respondents were directed to move an application before the SMS Hospital, Jaipur for constituting a Medical Board of three doctors, along-with copy of this order and would inform the petitioner to appear before the Medical Board for his Physical Efficiency Test, more particularly in respect of measurement of his chest.
6. The Coordinate Bench of this Court vide order dated 04.01.2024 after taking into consideration the report of the Medical Board has directed the respondents to file an additional affidavit why the petitioner should not be treated as successful in the physical test on the basis of report given by the Medical Board.
7. In compliance of the order dated 04.01.2024, an additional affidavit has been filed by one Mr. Dharmendra Dukiya, OIC, working as Dy.S.P. SC/ST Cell, Jaisal
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