[2025:RJ-JP:18095]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6434/2025 Devraj Gurjar Son Of Sh. Ratan Lal Gurjar, Aged About 20 Years, Resident Of Gurjaro Ka Mohalla Sans, Tehsil-Malpura, Tonk-

304503 (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Home Secretary, Secretariat, Govt. Of Rajasthan, Jaipur.

2. Director General Of Police, Rajasthan Police, Police Head Quarter, Lal Kothi, Jaipur.

3. D.I.G. Of Police (C.I.D(I.B.)), Rajasthan Jaipur 4. S.P. C.I.D. (Special Branch), Rajasthan, Jaipur.

----Respondents For Petitioner(s) : Mr. M. S. Raghav, Mr. Vishvas Saini For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

29/04/2025

1. Petitioner is aspirant for appointment on the post of Constable (Intelligence Branch) in MBC-NCL Category pursuant to the advertisement dated 03.08.2023.

2. The only grievance of petitioner is that despite qualifying PET, PST and Computer Based Test (CBT) as also interview, he has been denied appointment vide order dated 19.02.2025 (Ann.5) for the reason of finding “Flat Foot” in his medical examination.

3. Indisputably, the medical examination of petitioner was conducted by the Medical Board comprising of three experts doctors, constituted at Sawai Man Singh Hospital, Jaipur and Medical Board has reported the petitioner to be suffering from “Flat Foot”. The report of Medical Board dated 25.03.2025 (Ann.6) is not under challenge, rather petitioner himself has relied upon such report.

4. It is further undisputed that “Flat Foot” is an ineligibility for appointment on the post of Constable as prescribed in Clause 11 of the Standing Order No.4/23 dated 27.07.2023 issued by the Director General of Police Rajasthan (Jaipur) as also notified in the advertisement dated 03.08.2023 at Serial No.IX (3) (Ann.1 & 7).

5. The contention of counsel for the petitioner is that the Medical Board in medical report dated 25.03.2025 (Ann.6) has also opined that petitioner shall not have any difficulty in performing his field duties due to his “Flat Foot”. Hence, the order dated 19.02.2025, declaring the petitioner ineligible for appointment on the post of Constable due to having “Flat Foot” is contrary to the opinion of Medical Board.

6. In the considered opinion of this Court, additional opinion spelled out by the Medical Board in its report dated 25.03.2025, after observing the deformity of petitioner suffering from “Flat Foot” is without jurisdiction. The purpose of medical examination of the selected candidates, by the Medical Board is to get examined the physical fitness of candidates as per the prescribed standards of medical fitness. It is not for the Medical Board to judge the eligibility or suitability of selected candidates for the appointment but such jurisdiction vest with the Employer or Selection Board, whosoever may be. “Flat Foot” is one of prescribed deformity, to treat the selected candidates ineligible for appointment on the post of Constable.

7. Indisputably, in the Medical Examination, the petitioner has been found to be suffering from “Flat Foot”, which is an ineligibility under the Standing Orders, and was also notified in the advertisement dated 03.08.2023, hence respondents have neither committed any illegality nor acted beyond their jurisdiction in declaring the candidature of petitioner ineligible for appointment on the post of Constable (Intelligence Branch) in MBC-NCL Category vide order impugned dated 19.02.2025, hence, same does not call for any interference by the High Court, in writ jurisdiction.

8. As a final result, the writ petition is hereby dismissed.

9. Stay application and any other pending application, if any, also stand disposed of.

(SUDESH BANSAL),J TN/22 Powerd by TCPDF (w.tcpdf.org)