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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, Yogendra Kumar Purohit, JJ.
Hanuman Singh S/o Shri Kumbh Singh and ors. – Petitioners
Versus
State Of Rajasthan, Through Its Principal Secretary, Department Of Personnel and ors. – Respondents
D.B. Civil Writ Petition No. 3954/2023, D.B. Civil Writ Petition No. 3300/2023, D.B. Civil Writ Petition No. 3757/2023, D.B. Civil Writ Petition No. 4698/2023, D.B. Civil Writ Petition No. 4780/2023, D.B. Civil Writ Petition No. 4784/2023, D.B. Civil Writ Petition No. 5103/2023, D.B. Civil Writ Petition No. 5542/2023, D.B. Civil Writ Petition No. 5986/2023, D.B. Civil Writ Petition No. 6006/2023, D.B. Civil Writ Petition No. 6066/2023, D.B. Civil Writ Petition No. 6406/2023, D.B. Civil Writ Petition No. 6965/2023, D.B. Civil Writ Petition No. 7699/2023, D.B. Civil Writ Petition No. 10450/2023
Decided On : 24-04-2024
Fact of the Case:
The petitioners, retired ex-servicemen, applied for the post of Forest Guard in response to an advertisement issued by the respondents. They were declared eligible for the Physical Efficiency Test (PET) but sought relaxation in the PET standards based on their ex-serviceman status, citing the Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 and its amendments.
Finding of the Court:
The court found that the respondents had not provided any relaxation in the PET for ex-servicemen as per the applicable rules. It upheld the validity of Rule 19 of the Rajasthan Forest Subordinate Service Rules, 2015, which applied the same physical efficiency standards to all candidates, including ex-servicemen.
Issues: Whether the petitioners were entitled to relaxation in the Physical Efficiency Test standards based on their status as ex-servicemen under the relevant rules.
Ratio Decidendi: The court concluded that while Rule 18A of the Rules of 1988 allows for relaxation in physical fitness tests for ex-servicemen, Rule 19 of the Rules of 2015 specifically applies the same standards to all candidates, including ex-servicemen, and does not provide for any relaxation. The court emphasized the importance of physical fitness for the role of Forest Guard, which necessitated maintaining certain standards.
Final Decision: The court dismissed the petitions, affirming that the respondents were not obligated to grant the requested relaxation in the Physical Efficiency Test for ex-servicemen.
JUDGMENT :
Pushpendra Singh Bhati, J:
1. Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered D.B. Civil Writ Petition No.3757/2023, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present judgment, would also be based, particularly, on the factual matrix of the lead case.
2. The prayer clauses read as under:-
A. By an appropriate writ, order or direction, the impugned Para 7 (x) of the advertisement dated 11.11.2020 and rule 19(2) (b) & (c) Rajasthan forest subordinate rules 2015 states about the standard of Physical efficiency test for man including Ex-servicemen category irrespective of age/category in pursuance of the advertisement dated 11.11.2020 (Annex-2) and Corrigendum advertisement 11.03.2022 (Annex-3) may kindly be quashed and set aside.
B. By an appropriate writ, order or direction, any verbal/written order denying the selection of the petitioners on the post of Forest Guard in reference to Para 7 ¼d½ ¼[k½o ¼x½ of the advertisement dated 11.11.2020 and rule 19(2)(b) & (c) Rajasthan forest subordinate rules 2015 states about the standard of Physical efficiency test for man including Ex-servicemen category irrespective of age/category in pursuance of the advertisement dated 11.11.2020 (Annex-2) and Corrigendum advertisement dated 11.03.2022 (Annex-3) may kindly be quashed and set aside.
C. By an appropriate writ, order or direction to the respondents may kindly be directed to allow the petitioners in the further process of selection for the post of Forest Guard by providing relaxation to the ex-servicemen in pursuance of the advertisement dated 11.11.2020 (Annex-2) and Corrigendum advertisement 11.03.2022 (Annex-3).
D. By an appropriate writ, order or direction, Para 7 ¼[k½ o ¼x½ of the advertisement dated 11.11.2020 and rule 19(2)(b) & (c) Rajasthan forest subordinate rules 2015 states about the standard of Physical efficiency test for man including Ex-servicemen made applicable for ex-servicemen be kindly relaxed to the extend to fulfill the reserved posts for ex-servicemen to achieve the legislative goal in connection of reservation provided to ex-servicemen in pursuance of the advertisement dated 11.11.2020 (Annex-2) and Corrigendum advertisement 11.03.2022 (Annex-3).
E. By an appropriate writ order or direction, the respondents may kindly be directed to grant the appointment to the petitioners by relaxing Para 7 ¼[k½ o ¼x½ of the advertisement dated 11.11.2020 and rule 19(2)(b) & (c) Rajasthan forest subordinate rules 2015 states about Physical efficiency test for man including Ex-servicemen made applicable for ex- servicemen for the post of forest guard with all consequential benefits in pursuance of the advertisement dated 11.11.2020 (Annex-2) and corrigendum advertisement 11.03.2022 (Annex-3).
F. Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.
G. Writ petition filed by the petitioners may kindly be allowed with costs.”
3. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the respondents issued an advertisement No.04/2020 dated 11.11.2020 whereby applications were invited for recruitment of Forester and Forest Guard; in pursuance of the same, the petitioners being retired from the Armed Forces were eligible under the category of Ex-serviceman for the said post, thereby filed an online application for the post in question. Thereafter, the respondents further published a detailed corrigendum advertisement dated 11.03.2022 increasing total number of
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