Rajesh Kumar Gurjar v. State of Rajasthan, Thr. Its Home Secretary, Govt. Secretariat, Jaipur (raj. )
2019-01-11
ALOK SHARMA
body2019
DigiLaw.ai
JUDGMENT 1. The petitioners pursuant to the advertisement dated 25.05.2018 applied for recruitment as Constable in Commissionerate, Jaipur and District Dausa under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter Rules of 1989). Having passed the written examination, they were required to participate in the Physical Standard Test (PST) and Physical Efficiency Test (PET) on 30.8.2018 at Shri Pratap Yadav Stadium, Chitrakoot, Jaipur and Vidhyadhar Nagar Stadium, Vidyadhar Nagar, Jaipur respectively. It appears that the petitioners were unable to pass the PET as they did not complete the prescribed 5 km race within 25 minutes as warranted. Their candidature was then rejected. Aggrieved therefrom, the petitioners have approached this Court. 2. Ms. Komal Giri, counsel for the petitioners submitted that the petitioners could not perform to the requisite standards in the 5 km race conducted at Shri Pratap Yadav Stadium, Chitrakoot, Jaipur and Vidhyadhar Nagar Stadium, Vidyadhar Nagar, Jaipur respectively on 30.8.2018 because the race was overcrowded with not only male but also female candidates and those seeking appointment as Constable General. It has been submitted that the female candidates were kept in front line obstructing the male candidates in the run. 3. Heard. Considered. 4. The ground for filing this petition as agitated and recorded hereinabove is quite absurd. The petitioners had no right to insist that the 5 km race in the course of PET be conducted solely with Male candidates only. Neither the conditions of the advertisement dated 25.5.2018 nor the Rules of 1989 support the argument of the petitioners counsel that female and male candidates seeking appointment for the posts of Constables could not be made to participate together in a race. It is evident that 5 km race was to be run individually by the candidate within the prescribed time. Co-participants in the race are of no relevance. Further there is nothing on record to establish that the petitioners at the relevant time when the race was held on 30.8.2018, agitated the issue of any prejudice, by the race being held with female candidates and those who had applied for the post of Constable (General). Nor the manner of prejudice has been set out.
Further there is nothing on record to establish that the petitioners at the relevant time when the race was held on 30.8.2018, agitated the issue of any prejudice, by the race being held with female candidates and those who had applied for the post of Constable (General). Nor the manner of prejudice has been set out. A similar issue came up before this Court in SBCWP No. 14427/2018 titled Pooja Jakhad & Others v. State of Rajasthan & Others which was dismissed by the Principal seat of this Court at Jodhpur on 25.9.2018 inter-alia on the ground that the case set up was a mere after thought and that joining of male and female candidates seeking appointment as Constable in the race was not an event generating prejudice. In the instant case, there is nothing on record to show that the petitioners had been prevented unfairly from completing the race on 30.8.2018 within the stipulated time. 5. The petitioners have approached this Court only on 7.1.2019 i.e. after a delay of over four months since their failing the PET. No explanation for the delay has even been proffered. I am of the considered view that for reasons of inordinate delay in filing the petition and even on merits as discussed above there is no force in the petition. 6. Dismissed.