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Rajasthan High Court · body

2019 DIGILAW 354 (RAJ)

Ravi Kumar Khateek v. State of Rajasthan, Thr. Its Secretary, Home Department, Jaipur

2019-01-30

MANOJ KUMAR GARG, PRADEEP NANDRAJOG

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JUDGMENT 1. Heard learned counsel for the parties. 2. Issue in the first three appeals concerns subjecting candidates seeking appointment to the post of Conductor undergoing Physical Efficiency Test at Udaipur on 08.09.2018. In the fourth appeal it relates to Physical Efficiency Test conducted on 11.09.2018 at Kota. It is not in dispute that in the morning of 08.09.2018 there was a heavy rainfall in Udaipur. On 11.09.2018 there was heavy rainfall in Kota. Requirement of the Physical Efficiency Test was for the candidates to run 5 kms in 25 minutes. The case of the appellants was that due to heavy rain the track became swampy and on that account it became slippery. This impacted their performance at the Physical Efficiency Test. 3. For recruiting Constable in the State of Rajasthan Physical Efficiency Tests were conducted at Jaipur, Ajmer, Kota and Udaipur on different dates being 29.08.2018, 07.09.2018, 08.09.2018, 09.09.2018, 10.09.2018, 11.09.2018 and 13.09.2018. 4. Unfortunately, due to inclement weather on all these dates there was rainfall in the city of Jaipur, Ajmer, Kota and Udaipur. 5. Large number of writ petitions came to be filed. To obtain factual report a Court Commissioner was appointed to view the video footage of the tracks and submit a report. The report submitted by the Commissioner has been summarized by the learned Single Judge on pages 15 to 17 of the decision dated 27.11.2018 passed in a large number of writ petitions, lead matter being S.B. Civil Writ No. 13731/2018, Revant Ram Meghwal & Ors. v. State of Rajasthan & Ors. The summarized tabulation reads as under:- Petition No. Date, Venue & Time Observations of Commissioner SBCWP No. 13731/2018 29.08.2018 Jaipur 4:02 P.M. Only the start/finish section of the track is visible in the video. The videography reveals existence of water on the track. Though it is difficult to extrapolate the condition of the entire track but by looking at the feet of the candidates, it can be said that the track got reasonably sticky. SBCWP No. 14823/2018 29.08.2018 Jaipur 08:46 A.M. Only the start/finish section of the track is visible in the video. The videography does not reveal existence of significant water on the track. Though it is difficult to extrapolate the condition of the entire track but on the face of it, the condition of track looks reasonably dry & firm. SBCWP No. 14823/2018 29.08.2018 Jaipur 08:46 A.M. Only the start/finish section of the track is visible in the video. The videography does not reveal existence of significant water on the track. Though it is difficult to extrapolate the condition of the entire track but on the face of it, the condition of track looks reasonably dry & firm. SBCWP No. 14684/2018 SBCWP No. 1 6509/2018 07.09.2018 Ajmer 10:49 A.M. Only the start/finish section of the track is visible in the video. The videography reveals slightly wet matting (laid for the purposes of monitoring the time of candidates) which dries as the run progresses. Though it is difficult to extrapolate the condition of the entire track but on the face of it, the condition of track looks dry & firm. SBCWP No.14390/2018 SBCWP No. 15390/2018 SBCWP No. 14376/2018 SBCWP No. 14932/2018 07.09.2018 Kota 9:21/22 A.M. Only the start/finish section of the track is visible in the video. The videography reveals slight patches of wetness on matting (laid for the purposes of monitoring the time of candidates) at the beginning of the run, which dries as the run progresses. Though it is difficult to extrapolate the condition of the entire track but on the face of it, the condition of track looks dry & firm. SBCWP No. 13987/2018 08.09.2018 Kota 12:48 P.M. Only the start/finish section of the track is visible in the video. The videography reveals submerged track leading to troughs / ditches on the track. There were heavy rains on this day and part of the run was even conducted during the downpour. The track ex facie looks swampy, muddy & potholed. SBCWP No. 14750/2018 SBCWP No. 14991/2018 SBCWP No. 14531/2018 SBCWP No. 16393/2018 09.09.2018 Kota 02:16 P.M. Only the start/finish section of the track is visible in the video. The videography reveals muddy track. Though it is difficult to extrapolate the condition of the entire track but a look at the feet of the candidates suggest that the entire track could be pretty muddy. SBCWP No. 13989/2018 SBCWP No. 15403/2018 SBCWP No. 17071/2018 10.09.2018 Kota 09:02/03 A.M. Only the start/finish section of the track is visible in the video. The videography reveals that the race began on a track which was drymuddy but over the course of the run, due to precipitation, the track got wet-muddy. SBCWP No. 13989/2018 SBCWP No. 15403/2018 SBCWP No. 17071/2018 10.09.2018 Kota 09:02/03 A.M. Only the start/finish section of the track is visible in the video. The videography reveals that the race began on a track which was drymuddy but over the course of the run, due to precipitation, the track got wet-muddy. Though it is difficult to extrapolate the condition of the entire track but on the face of it, the condition of track looks slightly muddy. SBCWP No. 15076/2018 10.09.2018 Kota 10:31 A.M. Only the start/finish section of the track is visible in the video. The videography reveals that the run took place on slightly muddy albeit firm track. Though it is difficult to extrapolate the condition of the entire track but a look at the feet of the candidates would reveal that the entire track would have been somewhat muddy. SBCWP No. 14449/2018 11.09.2018 Kota 10:32 A.M. Only the start/finish section of the track is visible in the video. The videography does not reveal existence of significant water on the track. Though it is difficult to extrapolate the condition of the entire track but on the face of it, the condition of track looks reasonably firm & settled. SBCWP No. 14419/2018 13.09.2018 Kota 12:35 P.M. Only the start/finish section of the track is visible in the video. The videography does not reveal existence of significant water on the track. As a matter of fact, this is the only run, which was conducted in partly sunny weather. Though it is difficult to extrapolate the condition of the entire track but on the face of it, the condition of track looks reasonably firm & dry. SBCWP No. 14362/2018 07.09.2018 Udaipur 11:19 A.M. Only the start/finish section of the track is visible in the video. The videography does not reveal existence of significant water on the track. Though it is difficult to extrapolate the condition of the entire track but on the face of it, the condition of track looks reasonably firm. SBCWP No. 14701/2018 SBCWP No. 15281/2018 SBCWP No. 16016/2018 SBCWP No. 16274/2018 SBCWP No. 16787/2018 SBCWP No. 17156/2018 08.09.2018 Udaipur 12:42 P.M. Only the start/finish section of the track is visible in the video. Since, it rained before the run was held, the wetness is apparent on the visible track. SBCWP No. 14701/2018 SBCWP No. 15281/2018 SBCWP No. 16016/2018 SBCWP No. 16274/2018 SBCWP No. 16787/2018 SBCWP No. 17156/2018 08.09.2018 Udaipur 12:42 P.M. Only the start/finish section of the track is visible in the video. Since, it rained before the run was held, the wetness is apparent on the visible track. Though it is difficult to extrapolate the condition of the entire track but a look at the feet of the running candidates would show that the condition of track would not have been wet-muddy. 6. Observing in the judgment that it is duty of the recruiting agency to provide a reasonably normal conditions so as to ensure that the candidate is able to participate in the recruitment exercise to best of his ability and is not hampered on account of extraneous conditions, the learned Single Judge has held that where the entire track was not found to be wet or muddy, relief cannot be granted but where the track has been found to be reasonably sticky/swampy, muddy & potholed/ pretty muddy/ slightly muddy/ somewhat muddy, the candidates deserve one more opportunity to undergo the Physical Efficiency Test. 7. The result is that some writ petitions were allowed with a direction that one more opportunity was granted to the candidates and the rest were dismissed. 8. A look at the data detailed by the learned Single Judge gives a vital information which appears to have been overlooked by the learned Single Judge. At Jaipur, on 29.08.2018 the Physical Efficiency Test was conducted in the morning and in the evening. The condition of the track as of 08:46 A.M. is the same of 04:02 P.M. and this shows the level to which the track had got affected. At Kota, Physical Efficiency Test was conducted at 09:00 A.M., 12:00 Noon and 02:00 P.M. on 07.09.2018, 08.09.2018 and 09.09.2018. The data shows that on all three dates the track was affected due to rainfall. The date of the Physical Efficiency Test held on 10.09.2018 at 09:00 A.M. and 10:00 A.M. shows same position. Physical Efficiency Test conducted in Kota on 11.09.2018 and 13.09.2018 also shows the same position. At Udaipur, Physical Efficiency Test conducted on 07.09.2018 and 08.09.2018 at 11:00 A.M. and 12:00 P.M. likewise shows the track to be affected due to rainfall. 9. Under the circumstances the nuanced distinction drawn by the learned Single Judge as noted above is too tenuous. Physical Efficiency Test conducted in Kota on 11.09.2018 and 13.09.2018 also shows the same position. At Udaipur, Physical Efficiency Test conducted on 07.09.2018 and 08.09.2018 at 11:00 A.M. and 12:00 P.M. likewise shows the track to be affected due to rainfall. 9. Under the circumstances the nuanced distinction drawn by the learned Single Judge as noted above is too tenuous. There is enough material to show that on all the dates the tracks were badly affected due to rainfall and merely because at a given time extent of damage to the track was more vis-a-vis other occasions would be no ground to drawn the distinction as has not been drawn by the learned Single Judge. 10. We allow the appeals and set-aside the impugned order dismissing the writ petitions filed by the appellants. 11. We direct that the appellants be subjected to fresh Physical Efficiency Test at a track which is free from water logging.