HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 1991/2019

Manisha Gurjar D/o Prahlad W/o Rajesh Kumar Gurjar, Aged

About 23 Years, R/o Village Jarkhoda, Tehsil Nainwa, District

Bundi, At Present R/o Village Jhundwa, Tehsil Uniyara, District

Tonk.

----Petitioner

Versus

1.

The State Of Rajasthan, Through Home Secretary, Govt.

Of Rajasthan, Secretariat, Jaipur

2.

Inspector General Of Police (Recrutmaint), P.h.q. Lalkothi,

Jaipur

3.

Superintendent Of Police, District Bundi

----Respondents

For Petitioner(s)

:

Mr. R.S. Bhardwaj

For Respondent(s)

:

Mr. Harshal Tholia

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

06/08/2020

Learned counsel for the petitioner submitted that the issue

involved in this writ petition has been considered by Co-ordinate

Bench of this court at Principal Seat Jodhpur in the matter of Raju

Devi Vs. State of Rajasthan S.B. Civil Writ Petition No.

13486/2018 wherein on 29.09.2018 following order was passed:-

These writ petitions have been filed by

the petitioners seeking directions to the

respondents to postpone the Physical

Standard Test / Physical Efficiency Test

(‘PST/PET’) for the petitioners and afford a

reasonable time period to them to appear in

and qualifying the PST/PET, post their

maternity period pursuant to the Constable

Recruitment-2018

initiated

vide

advertisement dated 25.05.2018 and grant

them appointment on the post of Constable

(2 of 9)

[CW-1991/2019]

(GD), if they find place in the merit list with

all consequential benefits.

The

respondents

issued

an

advertisement dated 25.05.2010 (Annex.1)

for recruitment to the post of Constable.

The candidates were required to pass three

stages i.e. (1)- written examination, (2)-

PST, & (3)- PET. Under the clause pertaining

to PET, it was inter-alia indicated as

under :-

efgyk vH;FkhZ tks 'kkjhfjd n{krk

ijh{kk ds le; xHkZorh gSa mudks

lykg nh tkrh gS fd og blesa

Hkkx ugh a ysos aA ;fn Hkkx ysrs gSa

rks Lo; a dh ftEesnkjh gksxhA bl

gsrq i`Fkd ls 'kkjhfjd n{krk ijh{kk

dk dksbZ izko/kku ugha gSa rFkk blds

fy, vfrfjDr volj ugh a fn;k

tk;sxkA ”

The petitioners submitted their on-line

application forms against the vacancies

notified and appeared in the written

examination. In the list of candidates

declared qualified for second phase of

selection process i.e. PST/PET, all the

petitioners qualified and their admit cards

for appearing in the PST/PET on respective

date as indicated in the advertisement were

uploaded calling upon the petitioners to

appear for PST/PET.

It is inter-alia indicated that for the

purpose of PST, the requirement of weight

is 47.5 kg. maximum and for PET, the

candidates are required to undertake 5 km

run, which is required to be completed

within maximum 30 minutes with different

marks for completing the run within

different periods. It is further indicated that

the petitioners are at various stages of

pregnancy, documents in this regard have

been annexed with the writ petition.

Submissions have been made that the

petitioners are not in position to undergo

PST/PET due to their physical condition i.e.

pregnancy, as such, they approached the

respondents, apprised them about the

above fact and made request for grant of

reasonable time for undertaking PST/PET.

However, in view of Clause (11) of the

advertisement, as noticed herein-before, it

was indicated that no separate PST/PET can

be held and consequently, they were denied

any extension in this regard.

It is submitted by learned counsel for

the petitioners that the issue raised in the

present writ petitions is squarely covered

(3 of 9)

[CW-1991/2019]

by judgment in the case of Laxmi Devi v.

State of Rajasthan & Ors. : 2017 LabIC

3188, wherein it was held that the action

of the respondents in not granting

indulgence to the petitioners to qualify

PST/PET