IMPORTANT POINT
Any medical condition, including appendicitis, does not entitle candidates to be re-examined for physical tests.

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 second opportunity.. He further submits that the petitioner had represented will in advance in time for the issue in question before the respondents.

3. In support of his submission, learned counsel for the petitioner has referred the following judgments:

(i) G. Sajeev Sathiyan vs. The Director General of Police and Others in W.P. (MD) No. 13830/2020 decided on 05.11.2020

(ii) R. Devika vs. The Chairman, Tamil Nadu Uniformed Recruitment Board and Others in Writ Petition No. 30538 of 2018 and WMP No. 356131 of 2018, decided on 07.01.2019

(iii) Monu Kumari vs. Staff Selection Commission and Others in W.P. (C) No. 925/2017, decided on 03.04.2019

4. Learned Additional Advocate General Mr. Manish Vyas appearing for the respondents-State submits that proposition is already settled in the case of Deepak Kumar vs. State of Rajasthan and Others in S.B. Civil Writ Petition No. 17092/2022, decided on 14.03.2023 by this Hon'ble Court at Jaipur Bench; the relevant portion thereof reads as under:

“11. On facts of the present case, the ratio of law as expounded in cases of Sunil Kumar (supra) and Dropadi Jyani (supra) stands squarely applicable. In case of Sunil Kumar (supra) vide order dated 18.09.2018, learned Single Judge has observed as under:

“The petitioner has participated in a recruitment process, where the appointments are required to be granted based on inter se merit of the candidates by including the marks obtained at Written Examination and PET subject to their fulfilling PST. Though unfortunate it is that the petitioner suffered accident and consequential knee surgery, the PET of the petitioner cannot be postponed indefinitely, i.e. till such time the petitioner declared fit to undergo PET.

A bare look at the requirements of PET indicates that the same is quite stressful, wherein a candidate is required to run for 5 kilometers within maximum 25 minutes, based on which, the marks are awarded. The Doctors have presently advised the petitioner to avoid running in any form for next 3 months and, therefore, it is absolutely speculative as to when the petitioner would gain medical fitness to undertake 5 kilometers running and, therefore, the plea seeking deferment of the PET of the petitioner cannot be countenanced.”

The aforesaid order/judgment dated 18.09.2018 has been affirmed by the Division Bench in DB Special Appeal (Writ) No. 1685/2018 vide order dated 14.11.2018 and held as under:

“Successfully clearing the written examination for being appointed as a Constable GD the problem which the appellant faced was of not being able to participate at the physical efficiency test to be held on 10.09.2018. During the physical efficient test, the petitioner was required to run 5 kms. in 25 minutes. The appellant suffered an accident and had to undergo operation of the lef