JUDGMENT 1. - By this writ petition, the petitioner seeks directions to the respondents to consider the case of the petitioner for appointment on the post of Constable. 2. The facts and circumstances giving rise to this case are that petitioner took voluntary retirement from Indian Army. Consequently, he was discharged from Army on 5.3.2001. While discharging the petitioner, the army Authority issued a certificate on 23.4.2001 regarding fitness for civil employment. In pursuance of the advertisement issued by the respondents for appointment on the post of Constable, the petitioner applied for the said post as an Ex-serviceman. Petitioner was declared successful in written test and he was directed to appear for physical test on 4.7.2003. He appeared in physical test and was declared first in 1000 meters' race but his candidature has been rejected on the ground that he is having the disability of flat-foot. I Hence this writ petition. 3. I have heard learned counsel for the parties and perused the record. 4. Rule 14(2) of the Rajasthan Police Subordinate Service Rules, 1989 provides that except in the case of women candidates, no candidate, who is less than 168 cms. in height and whose deflated chest measurement is less than 81 cms. and inflated less than 86 ems. shall be deemed to be physically fit. The same requirements for physical fitness are provided in the advertisement itself. These are the only requirements for physical fitness. The respondents have declared the petitioner ineligible for appointment on the to ground that he is having the 'disability' being of flat-foot. Petitioner has furnished the certificate Annx. 6 dated 12.7.2003 issued by Dr. H.S. Kaswan of Kaswan Hospital and Diagnostic Centre, Bikaner showing that he is not having the disability of flat-foot as alleged by the Recruiting Board and there is no counter to this certificate. Moreso, petitioner is an Ex-serviceman and he had not been discharged on medical ground but he had taken pre-mature voluntary retirement and at the time of discharge from Army, he was issued with a certificates of fitness for civil service by the competent authorities of the Indian Army. He was declared First in 1000 metres race conducted by the respondents themselves which indicates that he was not having any physical deformity and disability for being selected on the post of Constable.
He was declared First in 1000 metres race conducted by the respondents themselves which indicates that he was not having any physical deformity and disability for being selected on the post of Constable. Thus, it is apparent that the petitioner has wrongly been excluded from being considered for appointment on the post in question on the ground of alleged physical disability. 5. Moreso, out of 85 vacancies, 12.5% posts have been kept reserved for Ex-servicemen and as such there were 7 posts reserved for Ex-servicemen. Out of those reserved posts for Ex-servicemen, only three posts have been filled up by the respondents and three posts for Ex-servicemen remained unfilled. As such, the respondents shall consider the case of the petitioner for the post in question by constituting a Medical Board, which will re-examine the case of petitioner with regard to his physical fitness. Medical Board so constituted will give a date on which petitioner shall appear before the Board for medical test and if he is found physically fit and otherwise also eligible, he may be considered for the appointment on the post in question.In the result, the writ petition disposed of with the above directions. There shall be no order as to costs. The stay petition stands disposed of.Writ Petition Disposed of as above. *******