HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
RAMPYRI W/O SHRI MUKESH BISHNOI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 10078 / 2020
[2026:RJ-JP:3163]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10078/2020 Rampyari W/o Shri Mukesh Bishnoi, Aged About 30 Years, R/o Village Bhutawa, Tehsil Makarana Dist. Nagore Rajasthan ----Petitioner Versus
1. State Of Rajasthan, Through Principle Secretary, Department Of Home, Government Secretariat, Jaipur Raj.
2. The Director General Of Police, Police Head Quarter, Rajasthan, Jaipur
3. Inspector General Of Police (Law And Order), (Director Of Board) Head Quarter Rajasthan, Jaipur (Raj)
4. Commandant, Hadi Rani Mahila Battalion (I.r) Ajmer, Rajasthan ----Respondents For Petitioner(s) : Mr. Akhilesh K. Pareek For Respondent(s) : Mr. Somitra Chaturvedi, Dy. GC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
23/01/2026
1. Considered application No.1/2022 filed by the counsel for petitioner with prayer to disposed of instant writ petition in light of order dated 06.08.2020 in S.B. CWP No.1991/2019 titled as Manisha Gurjar Vs. State of Rajasthan and Ors
2. Learned counsel for petitioner further submits that a Division Bench of this Hon’ble Court has considered the identical issue raised herein, in case of Laxmi Devi Vs. State of Rajasthan Reported as 2018 (3) RLW 2259:2017(3) WLC 655
3. Learned counsel appearing on behalf of respondents submits that the writ petition may be disposed in light of judgment as referred by learned counsel for petitioner.
4. Considered submission of learned counsel for the parties and perused the material placed on record.
5. The contention of the petitioner is that the petitioner could not appear for PST/PET due to advance stage of pregnancy that petitioner has prayed for re-conducting PST/PET.
6. A Division Bench of this Court in case of Laxmi Devi Vs. State of Rajasthan (supra) has considered an issue, wherein due to pregnancy, a candidate could not appear for physical efficiency test and physical standard test in the process of recruitment for the post of Police Constable. Considering the maternity as a human right, the Division Bench has permitted a woman candidate, who qualified written test, but could not appear in Scheduled PET/PST due to advance stage of pregnancy, was found eligible and entitled to be called for PET/PST, after a reasonable period of re-gain fitness.
7. Another Coordinate Bench at Principal Seat, Jodhpur in S.B. CWP No.13486/2018 titled as Raju Devi Vs. State of Rajasthan, has allowed the writ petition on 29.09.2018 and also referred and considered by a Coordinate Bench in case of Manisha Gurjar Vs. State of Rajasthan (supra)
8. Considered aforesaid, the writ petition is disposed with liberty to the petitioner to submit a representation within a period of 60 days to the respondents along with a copy of this order and also all the documents relating to pregnancy at the time of PST/PET test and after receipt of the representation along with documents as mentioned hereinabove, so as to verify the veracity of the claim made by the petitioner, the respondents shall examine the representation in light of judgment as referred hereinabove and if they found that at relevant time, the petitioner was at advance stage of pregnancy and could not appear before PET/PST then they will afford an opportunity to the petitioner to appear for PST/PET, but strictly in accordance with rules. If the petitioner is found eligible and found in merit, then her candidature be considered for appointment on post of Police Constable.
9. With aforesaid, the writ petition stands disposed with pending application, if any.
(ASHOK KUMAR JAIN),J GAURAV /29
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.