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2018 Supreme(Jhk) 1734

S.N.PATHAK
Rahul Kumar, S/o Navin Kumar – Appellant
Versus
State of Jharkhand through the Principal Secretary, Dept. of Home, Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A. K. Sinha, Advocate.
For the Respondents: Mr. Sameer Sahai, A.C. to A.G.

ORDER :

1. The petitioner has approached this Hon'ble Court for direction upon the respondents for taking a fresh physical test or to declare the petitioner qualified in the running test as he was declared disqualified due to lagging just for a few seconds because of scorching sun.

2. The case of the petitioner lies in a narrow compass. An advertisement bearing Advertisement No.05/2017 was floated for appointment to the post of Sub-Inspector of Police in which it was clearly mentioned that a male candidate should run 10 K.M. within 60 minutes. The present petitioner fulfilling the requisite qualification, applied for the same. The petitioner qualified in the written exams and was asked to appear in the physical exams.

3. It is the case of the petitioner that though he fulfilled requisite qualification and was declared successful in the written exams but he could not succeed in the physical exams due to fact that he lagged just a few second because of scorching sun, for which the respondent-authorities themselves were responsible.

4. It is specific case of the petitioner that on the fateful day, he reported at the ground premises at 6:30 am itself and remained waiting for four long hour

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