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Rajasthan High Court · body

2018 DIGILAW 2079 (RAJ)

Revant Ram Meghwal v. State of Rajasthan

2018-10-09

ARUN BHANSALI

body2018
JUDGMENT ARUN BHANSALI, J. 1. These writ petitions have been filed by the petitioners seeking a direction to the respondents to re-schedule and reindicate the Physical Efficiency Test of the petitioners and based on result of such PET, they may be appointed on the post of Constable (General)/Constable Driver etc. The recruitment for the post of Constable was initiated by the respondents by advertisement dated 25.05.2018, wherein District/Unit-wise posts under various categories and posts were indicated. The procedure for recruitment envisaged a written examination followed by Physical Standard Test ('PST') and Physical Efficiency Test ('PET'). The PET envisaged a 5 km. run to be completed maximum in 25 minutes for candidates other than Ex-serviceman and those belonging to Shahariya & SC/ST of TSP area from whom the maximum time provided was 28 minutes and 30 minutes respectively. 2. The petitioners after qualifying in the written examination, were called for PST/PET by uploading their admit cards. The PET was scheduled on various dates and at designated stadium where all the petitioners appeared, passed PST and then participated in the 5 km. run for PET and wherein the petitioners failed. 3. In all the petitions, the allegations made are that there were heavy rains during the period the PET was scheduled, resulting in the running track getting muddy due to rain water, the candidates faced problems and could not perform to their abilities. It is alleged that despite such condition of the stadium/track, the PET was conducted which resulted in the petitioners failing in their efficiency test. Almost in all petitions, the averments are omnibus irrespective of the fact whether the petitioners could complete the run beyond time and/or could not have been completed half of the required distance. 4. In some writ petitions, newspaper cuttings and photographs of the stadium have been annexed to substantiate the allegations made in this regard. 5. Reply to the writ petitions have been filed and the averments made therein have been disputed. Submissions have also been made by learned Additional Advocate General inter-alia indicating that the condition of the ground was not such that the participant in the PET could not undertake the 5 km. run. Besides the petitioners, several other candidates had participated in the PET and have cleared the same. Submissions have also been made by learned Additional Advocate General inter-alia indicating that the condition of the ground was not such that the participant in the PET could not undertake the 5 km. run. Besides the petitioners, several other candidates had participated in the PET and have cleared the same. With reference to some data produced in relation to the Maharao Ummed Singh Stadium, Nayapura Kota, wherein PET was held between 04.09.2018 to 13.09.2018 it was indicated that the average percentage/ratio of the successful candidates continued to be the same irrespective of the day and the allegations for a particular day when the petitioners participated and therefore, the allegations made in this regard are baseless. 6. Learned counsel for the respondents also made submissions that the respondents are in possession of videography pertaining to the particular day when the run was held, which can very well be looked into to assess the situation during the run. It is submitted that the pictures etc. produced cannot be relied on for questioning the status of the stadium as to whether the same could be used for holding the run. 7. In the facts and circumstances of the case, wherein there is a dispute between the petitioners and the respondents qua the condition of the ground as to whether the same was fit for use for run/PET, which aspect apparently cannot be decided based on the averments made in the writ petitions and the counter affidavit/submissions made by learned AAG. 8. As videography of the each particular run is available, it would be appropriate to appoint a Commissioner to go through the video-graphy to be produced by the respondents pertaining to the particular day when the run of each petitioner was held and to make a report to the Court pertaining to the condition of the ground as visible from the videography and the run undertaken/PET held at the said stadium. For the said purpose, Mr. Sharad Kothari, Advocate is appointed as Commissioner. Learned AAG would make available all the recordings either on a CD or on a pen drive to the Commissioner date-wise qua each stadium and the Commissioner would after going through the same would make a report qua each date/stadium as noticed above. Respective counsel for the petitioners/respondents would be free to attend such screening by the learned Commissioner. Learned AAG would make available all the recordings either on a CD or on a pen drive to the Commissioner date-wise qua each stadium and the Commissioner would after going through the same would make a report qua each date/stadium as noticed above. Respective counsel for the petitioners/respondents would be free to attend such screening by the learned Commissioner. The petitioner-wise date of PET and stadium as provided by learned AAG is indicated as under :- Sr. No. Writ No. Name of Candidate PET Place Date of PET 1. 13731/2018 1. Revant Ram Meghwal 2. Raju Ram Gurda 3. Chandra Prakash 4. Sunder Lal Goyal Shripratap Stadium, Chitrakoot, Jaipur 29.08.2018 2. 14823/2018 Om Prakash Saran Shripratap Stadium, Chitrakoot, Jaipur 29.08.2018 3. 14531/2018 1. Pramod Kumar 2. Sunil Kumar Maharao Ummed Stadium, Kota 06.09.2018 4. 14390/2018 1. Teja Ram 2. Dharm Singh 3. Pradeep Lega 4. Mahendra Kerapa 5. Dharmveer Saini Maharao Ummed Stadium, Kota 07.09.2018 5. 15390/2018 Ramesh Maharao Ummed Stadium, Kota 07.09.2018 6. 14684/2018 Shrawan Ram Sinwar Group Kendra First, CRPF, Ajmer 07.09.2018 7. 13987/2018 Govind Singh Rathore Maharao Ummed Stadium, Kota 08.09.2018 8. 14701/2018 Bhagwan Chawla Maharana Bhupal Stadium, Udaipur 08.09.2018 9. 15281/2018 Lokesh Verma Bhand Maharana Bhupal Stadium, Udaipur 08.09.2018 10. 14750/2018 Binjraj Singh Maharao Ummed Stadium, Kota 09.09.2018 11. 14991/2018 Pawan Kumar Maharao Ummed Stadium, Kota 09.09.2018 12. 13989/2018 Ram Chandra Maharao Ummed Stadium, Kota 10.09.2018 13. 15076/2018 Surendra Karwasara Maharao Ummed Stadium, Kota 10.09.2018 14. 14449/2018 Ashoka (Female) Maharao Ummed Stadium, Kota 11.09.2018 15. 14419/2018 Om Prakash Maharao Ummed Stadium, Kota 13.09.2018 9. The material shall be delivered by learned AAG by 12.10.2018 or as soon as possible to the Commissioner, who would do the needful on 15.10.2018 at 10:00 a.m. and in case required on 16.10.2018 and the report be produced by learned Commissioner on 22.10.2018 in a sealed cover with the CD/ Pen drives. 10. The Commissioner shall be paid a sum of Rs. 16,000/- which shall be shared equally per petition. 11. List the writ petitions with report on 23.10.2018.