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2024 Supreme(Raj) 39

PUSHPENDRA SINGH BHATI
Ravi Lohani S/o Shri Narendra Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Karan Parihar.
For the Respondents: Manish Vyas, Kailash Choudhary.

ORDER :

1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs:

    “1. by any writ, order or direction, the respondents may kindly be directed to permit the petitioner to appear in the physical test on the date other than 6.9.2018 when the petitioner is found to be fit for giving physical test by the doctors;

2. any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the circumstances of the case, may kindly be passed in favour of the petitioner.”

2. Learned counsel for the petitioner submits that the petitioner has participated in the recruitment process for the post of Constable-2018. The only controversy is that the after qualifying the written test, the petitioner developed appendicitis and therefore, was operated on 01.09.2018 and thus, could not appear in the Physical Test to be scheduled on 06.09.2018. Learned counsel further submits that it was not in the hands of the petitioner as he suffered physical ailment which coincided with the Physical Test of the Constable Recruitment, 2018 and thus, a lenient view ought to be taken by the respondents and the petitioner should be given

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