Advocates:
['SURENDRA SINGH CHOUDHARY', '', 'RIPUDAMAN SINGH', 'OM PRAKASH', 'PR SINGH AAG']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ No. 19295/2018

Prakash Mal S/o Mohan Lal, Aged About 25 Years, R/o Village

Karawad, Post Akoli, Tehsil Sanchore, District Jalore (Raj.).

----Petitioner

Versus

1.

State Of Rajasthan, Through Its Secretary, Department Of

Home, Government Secretariat, Jaipur, Rajasthan.

2.

The Director General Police, Police Headquarter,

Rajasthan, Jaipur.

3.

The Superintendent Of Police, Kota City.

----Respondents

For Petitioner(s)

:

Mr.Surendra Singh Choudhary, Adv.

For Respondent(s)

:

None present

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

20/12/2018

Counsel for the petitioner submitted that issue involved in

this writ petition has been considered by a coordinate Bench of

this Court in the matter of Nimba Ram Karel Vs. State of

Rajasthan & Ors. (S.B.Civil Writ Petition No.19032/2018), decided

on 15.12.2018, wherein it has been held as under:-

“This writ petition has been filed by the petitioner

seeking a direction to the respondents to re-conduct the

Physical Efficiency Test (‘PET’) for the petitioner.

It is, inter-alia, claimed in the writ petition that the

PET of the petitioner was held on 10.09.2018 at Kota,

wherein the ground was muddy and therefore, the

petitioner could not participate in the PET to his full

(2 of 3)

[CW-19295/2018]

potential and consequently, failed in the PET and

therefore, they may be permitted to reappear.

Reliance has been placed on judgment in the case

of Revant Ram Meghwal & Ors. v. State of Rajasthan &

Ors. : SBCWP No.13731/2018 & other connected writ

petitions decided on 27.11.2018.

Learned counsel appearing for the respondents

made submission that the petitioner had participated on

10.09.2018 and failed, he did not raise any objection

whatsoever regarding the condition of the ground and

the present writ petition has been filed on 14.12.2018,

apparently based on judgment in the case of Revant

Ram Meghwal (supra).

Further submissions have been made that

appointments have already been granted pursuant to the

recruitment and in district Kota city for which the

petitioner has applied, there is no vacancy and as the

petitioner has not impleaded any successful candidate as

party respondent to the present writ petition, the writ

petition cannot now be entertained.

I have considered the submissions made by learned

counsel for the parties and have perused the material

available on record.

A bare look at the admit card indicates that the

petitioner had undergone the PST/PET on 10.09.2018,

no material has been produced on record to indicate that

after failing in the PET, the petitioner had raised any

objection regarding the status of the ground. No reason

whatsoever has been indicated in the writ petition

indicating as to what prevented the petitioner from

making any such representation and approaching this

Court within reasonable time. The petitioner has

approached this Court after about 03 months from the

date the PET was held, apparently inspired by order of

this Court in the case of Revant Ram Meghwal (supra).

There is also substance in the submission made by

counsel for the respondents, if no vacancy is left for

district Kota, without impleading the successful

candidates to the petition, even otherwise the petitioner

is not entitled for grant of any relief.

Consequently, on account of in-ordinate delay in

approaching this Court without raising any objection at

any stage and not impleading the successful candidates

as party-respondent, there is no substance in the writ

petition, the same is, therefore, dismissed.”

(3 of 3)

[CW-19295/2018]

In that view of the matter, the present writ petition is

dismissed in view of the judgment passed by coordinate Bench of

this Court in the matter of Nimba Ram Karel (supra)

(INDERJEET SINGH),J

314-NK/-