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[2026:RJ-JD:23489]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 3685/2026

Vinod Kumar Dodiyar S/o Shri Manuram Dodiyar, Aged About 28

Years, R/o Village Dhola Kheriya, Bari, Bagidora, District

Banswara.

----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary, (Home )

Government Of Rajasthan, Jaipur.

2. The Director General Of Police, Rajasthan, Jaipur.

3. Inspector General Of Police, Jodhpur Range, Banswara.

4. Commissioner Of Police, Police Commissionerate,

Banswara.

----Respondents

For Petitioner(s) : Mr. M.A. Siddiqui

Mr. Naved Khan Sindhi

For Respondent(s) : Mr. Banshilal Bhati, AAG.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/05/2026

By way of filing the present writ petition, the petitioner has

prayed for the following reliefs:

“It is, therefore, prayed that this writ petition may kindly

order to be allowed, and by an appropriate writ, order or direction

the impugned measurement (Annex-11) may kindly be order to

be quashed and height of the petitioner may be considered as 169

cm and by appropriate direction may be issued to the respondent

authority to appoint the petitioner on the post of constable in

pursuant to the advertisement (Annex.06).

It is further prayed that the respondents may kindly be

directed to measure height of the petitioner by a medical board

and thereafter offer appointment on the post of constable as per

his merit. ....”

2. Having heard learned counsel for the parties and upon perusal

of the material available on record, this Court finds that the

petitioner belongs to the Scheduled Tribe category and is a

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permanent resident of the Tribal Sub-Plan (TSP) area. The

respondent–Police Department, vide advertisement dated

09.04.2025, invited applications for recruitment to the post of

Constable. The petitioner applied for the post of Constable General

(TSP) in ST category and appeared in the written examination

conducted by the respondents on 14.09.2025. In the result of the

written examination declared by the respondents, the petitioner

was declared successful. Thereafter, he was called for physical

efficiency and physical measurement tests. However, during the

physical measurement test conducted by the respondents, the

height of the petitioner was found to be less than 168 cms and

consequently, his candidature was rejected by the recruitment

board on the ground of deficiency in the prescribed height

requirement.

3. This Court, vide order dated 18.03.2026, after hearing learned

counsel for both the parties, was pleased to pass the following

interim order:

“1. Petitioner contends before this Court that his height conforms

to the standards prescribed by the Recruitment Board, or in the

alternative, falls within the permissible relaxation under the

applicable norms. In such circumstances, the

nonconsideration/rejection of the petitioner’s candidature by the

Recruitment Board on the ground of deficiency in the prescribed

height is illegal, and contrary to law.

2. Learned counsel for the petitioner has relied upon the order

dated 01.02.2023, passed by Co-ordinate Bench of this Hon’ble

High Court in S.B.C.W.P. No. 17443/2022 (Ankur Garasiya Vs.

State of Rajasthan & Ors.). The relevant extract is reproduced

herein below:

“1. The present writ petition has been preferred with a

grievance that the respondents have wrongly rejected

petitioner’s candidature on the parameter of height though his

height is more than the requisite height.

2. On the basis of material placed on record, on 18.11.2022, a

Co-ordinate Bench of this Court passed the following order:-

“The petitioner is aggrieved of the fact that in the

Constable Recruitment -2022 in the PST, though the petitioner

has been passed, the same is with relaxation on account of

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which, though the petitioner is higher in merit,