Candidates from tribal areas are eligible for recruitment under the original height requirements, and amendments cannot be applied retrospectively to disqualify them.

ORDER

1. These writ petitions have been filed by the petitioners aggrieved against the non-consideration of their candidature by the respondents pursuant to the Constable Recruitment-2019.

2. The respondents initiated the recruitment process by notification dated 04.12.2019 for the post of Constable General. The petitioners applied for the post of Constable General (TSP). After passing the written examination and undergoing physical efficiency test, the petitioners were expecting appointment, however, when they were not accorded appointment, petitioners sought information regarding the reason for their non-appointment.

3. The petitioners were informed that as their height was less than the minimum required height i.e. 168 Cms. and though they were passed in physical efficiency test by according relaxation to them, as candidates having the requisite height i.e. 168 cms. were available, they were accorded appointment, though the selected candidates were lower in merit than the petitioners.

4. Learned counsel for the petitioners made submissions with reference to provisions of Rule 14 of the Rajasthan Police Subordinate Services Rules, 1989 ('Rules of 1989'), which deals with the physical fitness indicating that the minimum height of the candidates belonging to tribal area is required to be not less than 160 Cms. and as the petitioners have height 160 Cms. / more than 160 cms., they were eligible.

5. Further submissions were made that the action of the respondents in excluding the petitioners based on the fact that candidates belonging to tribal area having requisite height of 168 Cms. were available, is incorrect, inasmuch as, the said provision in the Rule is not applicable for tribal areas, as the same is confined to SC/ST candidates and, therefore, the action of the respondents in not according appointment to the petitioners on the said ground is not justified.

6. It was prayed that the respondents be directed to indicate the petitioners' marks and in case they have obtained marks more than the cut-off meant for their category, they may be accorded appointment.

7. Learned counsel also pointed out that interim orders have been granted requiring the respondents to keep one post vacant in each of the petitions.

8. Learned AAG made submissions that the reliance placed by the petitioners on the proviso (i) to Rule 14 (2) of the Rules of 1989 is misplaced, inasmuch as, by notification dated 02.03.2020, the Rule 14 has been amended, whereby, the existing proviso (i) of Sub Rule 2 of Rule 14 has been deleted.

9. Further submissions were made that in the advertisement dated 04.12.2019, there was a specific stipulation that the amendments, if any, which takes place during the course of the recruitment, would be applicable and as such, the petitioners in view of the amendment made in proviso to Rule 14 (2) of the Rules being ineligible, the petitions deserve to be dismissed.

10. I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

11. The facts as noticed, hereinbefore, are not in dispute, wherein, the petitioners belong to TSP area and have filled up their forms for the post of Constable General (TSP).

12. As per the result of the candidates produced by learned AAG under the directions of the Court, all the petitioners have obtained marks higher than the cut-off meant for their category i.e. TSP/Gen. or TSP/ST in their respective districts i.e. Sirohi, Udaipur or Pratapgarh. Further all the candidates have height 160 Cms. / more than 160 Cms. but less than 168 cms.

13. The provisions of Rule 14 of the Rules of 1989, which deals with physical fitness of the candidates under Sub Rule 2 deals with the required height of the candidates, the same alongwith the relevant proviso reads as under:-

"(2) Except in the case of women candidates, no candidate, who is less than 168 Cms. in height and whose deflated chest measurement is less than 81 Cms. and inflated less than 86 Cms. with a mi