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2017 DIGILAW 995 (RAJ)

Radheshyam Gurjar v. State (Local Self Dept)

2017-04-18

KANWALJIT SINGH AHLUWALIA

body2017
JUDGMENT : Kanwaljit Singh Ahluwalia, J. By this common order, seventeen writ petitions, bearing Nos. SBCWP Nos. 17499/2016, 17507/2016, 17592/2016, 17806/2016, 17890/2016, 17918/2016, 18004/2016, 18077/2016, 18094/2016, 18233/2016, 18301/2016, 18503/2016, 18525/2016, 246/2017, 258/2017, 572/2017 and 3022/2017 shall be decided together. The learned counsel for the petitioner/petitioners and Mr. Deen Dayal Shama, Dy. Government Counsel appearing for the respondents are in agreement that the petitioner/ petitioners being meritorious have been ousted from the selection process, as they could not meet the physical standards laid by the respondents. 2. It is contended by the learned counsel for the respondents that the petitioner/petitioners are not having requisite height and chest circumference with inhalation and exhalation. 3. Briefly stated, the respondent Local Bodies had issued an advertisement on 30.12.2015, for recruitment to the post of Fireman for various municipalities in the State of Rajasthan. The petitioners undertook online written examination and made to the merit list. Petitioners were called for physical efficiency test. The Local Self Department had issued a notification on 16.5.2011, wherein by amendment, rule 15(a) was added and therein height, weight and chest standards were laid. The relevant portion of the notification reads as under:- "Provided that in the matter of direct recruitment for the posts mentioned under sub-head (H) of head "(A) SUBORDINATE SERVICE" of the Schedule of these rules for physical fitness, the following physical standards shall be mandatory, namely:- (i) For Male Candidates (a) Height: 165 cms. (b) Weight: 50 kg (c) Chest: Normal - 81 cms Expanded - 86 cms. (ii) For Male Candidates belonging to Scheduled Tribes: (a) Height: 160 cms. (b) Weight: 50 kg (c) Chest: Normal - 76 cms, Expanded - 81 cms. (iii) For Female Candidates (a) Height: 152 cms. (b) Weight: 47.50 kg" 4. The learned counsel for the respondents has very fairly stated that so far petitioners are concerned, they are having requisite weight, but they failed to meet the standards of height and chest circumference with inhalation and exhalation. 5. The learned counsel for the petitioners during the course of arguments have submitted that Chief Fire Officer, who was conducting physical standard test, was arrested by Anti Corruption Bureau and Rs. 60 Lakhs fresh currency was recovered from him. 5. The learned counsel for the petitioners during the course of arguments have submitted that Chief Fire Officer, who was conducting physical standard test, was arrested by Anti Corruption Bureau and Rs. 60 Lakhs fresh currency was recovered from him. Thus, the learned counsel for the petitioners have submitted that it cannot be ruled out that large scale bungling has taken place and successful meritorious candidates were ousted by holding that they are not having requisite physical standards. The learned counsel for the petitioners have submitted that this was done to make way for the less meritorious candidates. 6. The learned counsel for the respondents has not denied that Chief Fire Officer was arrested and the said amount has been recovered from him. 7. The learned counsel for the respondents, however, has stated that this court in Narottam Kumar Bairwa v. State (Home Department) and Anr., SBCWP No. 7997/2015, decided on 6.3.2017, held as under:- "So far height is concerned nobody can regain the same, therefore, in the matters of measurement of height at instance of this court the Medical Board have been constituted for a fresh measurement, however, so far measurement of chest is concerned one can gain the same by doing exercise or taking requisite diet. The chest of the petitioner is to be measured on the date when physical examination was scheduled. Petitioner should have diligent to file the appeal within the prescribed period for remeasurement of the chest. Chest of the petitioner was measured in April, 2015, almost after two years court cannot come to the rescue of the petitioner." 8. Having heard the learned counsel for the parties, I am of the considered opinion that in the facts and circumstances of the case, the learned counsel for the petitioners have succeeded to make an exception to the view formulated by this Court in Narottam Kumar Bairwa (supra). In that case the chest of the petitioner therein was remeasured after two years. In the present case, chest of the petitioners was measured on 1.7.2016. The petitioners immediately after receipt of intimation in December, 2016, approached this Court. 9. Furthermore, the physical standard test, conducted by Chief Fire Officer, is under cloud due to his involvement in a corruption case. It is not denied that recovery effected from him is near to the time of the physical standard test conducted by the respondents. 10. The petitioners immediately after receipt of intimation in December, 2016, approached this Court. 9. Furthermore, the physical standard test, conducted by Chief Fire Officer, is under cloud due to his involvement in a corruption case. It is not denied that recovery effected from him is near to the time of the physical standard test conducted by the respondents. 10. Unable to blunt the criticism extended by the petitioners, that physical standard test conducted by Chief Fire Officer was an eye wash, farce and was only to promote favouritism to extend benefit to the chosen few, who could grease his palm, the learned counsel for the respondents has very fairly stated that the State is not opposed if physical standard test of the petitioners is conducted by an independent Medical Board in presence of the officials of respondent Local Self Government. 11. In SBCWP No. 18004/2016, petitioner therein Kamlesh Kumar Gurjar under the orders of this Court has already been examined by SMS Hospital, Jaipur. The learned counsel for the respondent has doubted that the result of the physical test conducted by SMS Medical Board. The learned counsel for the petitioner Kamlesh Kumar Gurjar has very fairly stated that he is ready to appear before independent Medical Board to be constituted by this Court. 12. This Court appreciate the fair stand taken by the learned counsel for the respondents during the course of arguments. Hence, all the present petitions are disposed of, by issuing the following directions: (i) That the petitioners shall appear before All India Institute of Medical Sciences, Jodhpur from 8.5.2017 to 12.5.2017 at 10:00 AM on the particular day and time to be assigned by the Medical Superintendent, Jodhpur. (ii) That the Medical Superintendent, AIIMS, Jodhpur shall constitute a Board to measure the height and chest of the petitioners. (iii) That Medical Superintendent, AIIMS, Jodhpur before measurement of height and chest of the petitioners shall satisfy himself regarding identity of the petitioners and the persons who shall appear for measurement of the height and chest before the Medical Board. (iv) That a representative of the Director, Local Self Government shall remain present before the Board at the time of measurement of the height and chest of the petitioners. (iv) That a representative of the Director, Local Self Government shall remain present before the Board at the time of measurement of the height and chest of the petitioners. (v) That the Medical Board shall prepare the report regarding measurement of height and chest of the petitioners, in triplicate, one copy thereof shall be handed over to the petitioners, another to the representative of Local Self Government and third copy shall be retained by AIIMS for its record. (vi) That in case the petitioners meet the physical standards as has been prescribed in the notification reproduced above, and the petitioners suffers from no other impediment regarding eligibility and suitability, they shall be given appointment by the respondents within one month of the measurement of the height and chest of the petitioners on the basis of the position obtained by the petitioners in the merit list. 13. A copy of this order under the seal and signature of the Court Master, be handed over to Mr. Deen Dayal Sharma, Dy. Govt. Counsel, for onward transmission and necessary compliance.